ANSWERS
How is a criminal action commenced? - CORRECT ANSWER✅✅✅A criminal action is
commenced by filing an accusatory instrument with a criminal court, or in the case of a
juvenile/adolescent offender, in the Youth Part of the Superior Court.
When does the criminal action commence if more than one accusatory instrument is filed? -
CORRECT ANSWER✅✅✅The criminal action commences when the first of such
instruments is filed.
How is a criminal action commenced in a Superior Court? - CORRECT ANSWER✅✅✅By
the Grand Jury filing an indictment against a defendant who has never been held by a local
criminal court for the Grand Jury's action.
What are the only ways a criminal action can be commenced in a local criminal court? -
CORRECT ANSWER✅✅✅By filing a local criminal court accusatory instrument.
What are the types of local criminal court accusatory instruments? - CORRECT
ANSWER✅✅✅1. Information 2. Simplified Information 3. Prosecutor's Information 4.
Misdemeanor Complaint 5. Felony Complaint*
What is an information?*
A verified written accusation by a person filed with a local criminal court, charging one or more
persons with an offense, none of which is a felony.
What is simplified traffic information? - CORRECT ANSWER✅✅✅A written accusation
by a police officer or public servant charging a person with traffic infractions and/or
misdemeanors relating to traffic.
Can a simplified traffic information charge a felony? - CORRECT ANSWER✅✅✅No, it
cannot charge a felony.
, What is a prosecutor's information? - CORRECT ANSWER✅✅✅A written accusation by a
district attorney filed with a local criminal court, either at the direction of a grand jury, local
criminal court, the DA's own instance, or a superior court. It cannot charge felonies.
What is a misdemeanor complaint? - CORRECT ANSWER✅✅✅A verified written
accusation by a person charging one or more persons with offenses, one of which is a
misdemeanor, none of which is a felony.
What is a felony complaint? - CORRECT ANSWER✅✅✅A verified written accusation by a
person charging a person with one or more felonies. It commences a criminal action but is not
used for prosecution.*
What must an information, misdemeanor complaint, and felony complaint each specify? -
CORRECT ANSWER✅✅✅a. Name of the court with which it is filed
b. Title of the action
c. Must be subscribed (signed) and verified (sworn) by a person known as the complainant.
Who can be the complainant for an information, misdemeanor complaint, or felony complaint? -
CORRECT ANSWER✅✅✅Any person having knowledge, whether personal or upon
information and belief, of the commission of the offense or offenses charged.
What two parts must every information, misdemeanor complaint, and felony complaint contain?
- CORRECT ANSWER✅✅✅An accusatory part and a factual part.
To which part of the accusatory instrument does the complainant's verification apply? -
CORRECT ANSWER✅✅✅The verification applies only to the factual part, not the
accusatory part.
What must the accusatory part of an accusatory instrument designate? - CORRECT
ANSWER✅✅✅The offense or offenses charged.