Comment by charwalker

It's feasible that the charges will go through but the defendants can sue the employer who holds the contract for damages related to any fines or jail time.

A mistake or incompetence is no excuse for breaking the law. This was a courthouse. There is either CYA in writing they can request in discovery for that lawsuit or as evidence against the charges they face to demonstrate to a jury that they should be innocent or that an experienced prosecutor will see then look to drop charges.

But unless the charges are dropped, the jury favors the contractors, or the judge halts proceeding until a determination can be made, they may be SOL on the charges.