Legal Definitions - accusatory instrument

An accusatory instrument is a formal legal document that officially charges an individual with committing a criminal offense. It serves as the foundational paperwork that initiates a criminal case, informing the accused person of the specific crimes they are alleged to have committed. This document must typically be signed by someone with direct knowledge of the alleged events or by a legal authority, such as a prosecutor, who has reviewed the evidence. Its proper creation and delivery are crucial; without a valid accusatory instrument, a criminal case cannot proceed and may be dismissed.

• Example 1: Grand JuryIndictment

  After a lengthy investigation into a complex financial fraud scheme, a grand jury hears evidence presented by the prosecutor. The grand jury determines there is enough evidence to formally charge the CEO of a company with multiple felonies.

  Explanation: The document issued by the grand jury, called an indictment, is an accusatory instrument. It formally accuses the CEO of specific fraud charges, allowing the criminal case to move forward to trial in a higher court.

• Example 2: Traffic Citation

  A police officer observes a driver speeding excessively and running a red light. The officer pulls the driver over and issues a ticket detailing the violations.

  Explanation: This traffic ticket, while seemingly minor, is an accusatory instrument. It formally charges the driver with specific traffic infractions (speeding, running a red light) and requires them to appear in court or pay a fine, thereby initiating a legal process.

• Example 3: Prosecutor's Information

  Following a police investigation into a bar fight resulting in minor injuries, the district attorney reviews the police reports and witness statements. The prosecutor decides to formally charge one of the individuals involved with misdemeanor assault.

  Explanation: The document filed by the prosecutor directly with the court, often called an "information" in many jurisdictions for misdemeanor cases, is an accusatory instrument. It formally outlines the assault charge against the individual, allowing the court proceedings for that misdemeanor to begin without the need for a grand jury.