If the accusatory instrument is defective, what remedy is available in a Local criminal court?

If the accusatory instrument is defective, what remedy is available in a Local criminal court?

• A. Dismissal of the instrument
• B. Reassignment to another court
• C. The judge continues with the case
• D. Granting a new trial

Answer: (A)

When the charging document itself is defective, there is no valid accusation before the court to support a trial. The remedy in a local criminal court is to dismiss the accusatory instrument. This stops the improper proceeding and protects due process, since you can’t proceed on a charge that is legally defective. If the defect is curable, a proper information or complaint may be filed or amended so the case can move forward, but the initial step for an invalid instrument is dismissal. Reassigning the case to another court doesn’t fix the defective charge, continuing the case would violate due process, and a new trial isn’t appropriate when the problem lies with the charging document rather than the trial itself.

When the charging document itself is defective, there is no valid accusation before the court to support a trial. The remedy in a local criminal court is to dismiss the accusatory instrument. This stops the improper proceeding and protects due process, since you can’t proceed on a charge that is legally defective. If the defect is curable, a proper information or complaint may be filed or amended so the case can move forward, but the initial step for an invalid instrument is dismissal. Reassigning the case to another court doesn’t fix the defective charge, continuing the case would violate due process, and a new trial isn’t appropriate when the problem lies with the charging document rather than the trial itself.