When a person files an affidavit, he writes down an account of what happened during an incident in which he was present. Filing the affidavit also entails indicating the name of the venue where the affidavit was filed and the signature of the person filing. The affiant then signs the affidavit in the presence of a notary public such as a court judge, court clerk or magistrates. An oath of affirmation is taken for the affiant to affirm the statements he has made are true.
Criminal affidavits are a good source of information for the court concerning a criminal case. These statements of facts are usually soft evidence that cannot be solely relied upon to determine a case in a court. However, once an affiant files a criminal affidavit, the information in the affidavit can be used to support arguments in a court case during pre-trial and trial hearings. If the affiant is available to testify in court, the affidavit will not be used as evidence in court. But, if is she is not available to testify, the court may consider using the statements for example to help another witness recall facts to the case.
When an affiant files a criminal affidavit, he assists law enforcement agencies to obtain search and arrest warrant against a suspect. An affidavit written and presented to a court can convince the court to allow law enforcement agencies to search and arrest a suspect. In other words, a criminal affidavit helps to establish probable cause. Probable cause is a reason to believe that a suspect might have been involved in a crime. Establishing probable cause is required by the Fourth Amendment of the U.S. Constitution before searching someone or seizing his property.
An affiant presents herself as a potential witness in a criminal case when she files a criminal affidavit. Due to the statements in an affidavit, an affiant may receive a subpoena to appear in court to testify. Getting entangled in a criminal hearing and appearing in court may not always be the expectation or intention of an affiant. However, not appearing in court following a subpoena could cause the affiant to be charged with contempt of court. A contempt of court charge may result to a jail sentence or a fine.