New York State Court Clerk Practice Exam

How many counts must each offense be in an accusatory part of an instrument?

1. One for each defendant

2. One for each offense

3. One for each charge of the same type

4. Only one count for all offenses

The correct answer is: One for each offense

The answer is accurate because in the accusatory part of a legal instrument, each offense should be stated as a separate count. This ensures clarity in the charges being presented, allowing the court and the defendants to understand precisely what each alleged offense entails. By specifying one count for each offense, the document maintains structured organization and proper legal procedure, helping to avoid confusion during proceedings. This format also allows for differentiation among offenses, which is crucial in cases involving multiple charges. Each count must include enough detail to inform the defendant of the nature and basis of each charge, thus upholding the defendant's right to a fair trial. Additionally, recognizing each offense individually aids the court in determining appropriate penalties or judgments per charge.