Criminal lawyer buffalo ny should know an information must contain non-hearsay factual allegations that establish a prima facie case. Generally, so long as the factual allegations of an information give an accused notice sufficient to prepare a defense and are adequately detailed to prevent a defendant from being tried twice for the same offense, they should be given a fair and not overly restrictive or technical reading. However, where the factual portion of the information contains only hearsay allegations, which do not fall into any of the hearsay exceptions, regarding any element, the information is defective.
Criminal attorney buffalo ny however, must keep in mind that even if the information is deemed defective and is dismissed, the dismissal is without prejudice, which means the charges may be refiled.
To be clear, accusatory instruments are a critical part of the process and may become quite complicated. Given this reality, again, please be advised, this is not legal advice. For a free consultation, Contact Andrew Tabashneck attorney for immediate help.