Criminal.law · Glossary
Information (Charging Document)
In federal court, an information is a written charging document signed by a government attorney rather than voted by a grand jury. This entry covers the definition, its use, and who decides.
Editorial direction: Antonio G. Jimenez · Former prosecutor and former criminal defense attorneyPublished General legal information, not legal advice · Editorial standards
Key takeaways
- Under the federal rules, an information is a written statement of the essential facts of the charge, signed by an attorney for the government. [5]
- Federal misdemeanor trials may proceed on an information, among other charging documents. [1]
- For offenses the federal rules otherwise require to be charged by indictment, an information may be used only if the defendant waives indictment in open court. [5]
What is an information in a criminal case?
In federal court, an information is a written charging document. It states the essential facts of the offense charged, cites the law the defendant is alleged to have violated, and is signed by an attorney for the government. Unlike an indictment, a grand jury does not vote on it. Federal Rule of Criminal Procedure 7 governs it, and state courts follow their own rules. [5]
When is an information used in a federal case?
In federal court, an information is one of the documents that can formally charge a person with a crime. For misdemeanors, the federal rules allow trial to proceed on an indictment, an information, or a complaint. [1]
This entry describes the Federal Rules of Criminal Procedure, which govern criminal cases in the United States district courts. Most criminal cases are in state court, and each state's procedure differs, so these federal rules are examples, not a description of every court. [2]
For more serious federal offenses, Rule 7 generally requires an indictment, which is a charge returned by a grand jury. The rule sets out which offenses fall into that category. An information can be used for those offenses only if the defendant waives prosecution by indictment, as the next sections explain. [5]
Some federal cases begin with a complaint, a sworn statement of the charge, followed by an initial appearance and possibly a preliminary hearing. When an information is filed, it can take the place of that hearing under Rule 5.1. Not every case follows the same order of events. [3][7]
How is an information different from an indictment or a complaint?
The main difference is who brings the charge. Under the federal rules, an attorney for the government signs an information. A grand jury's foreperson signs an indictment. [5][4]
A federal complaint also states the essential facts of the offense. Unlike an information, it must generally be made under oath before a magistrate judge, or before a state or local judicial officer if no magistrate judge is reasonably available. [3]
Who decides whether a case goes forward on an information?
Under the federal rules, the government files and signs the information. For offenses that otherwise require an indictment, the defendant also has a role. The case can go forward on an information only if the defendant waives indictment in open court, after being told the nature of the charge and his or her rights. [5]
The court also has a role once an information is filed. The judge decides whether to permit amendments, within the limits Rule 7 sets. [6]
Can an information be changed after it is filed?
In federal court, the judge may allow an information to be amended at any time before the verdict or finding. The rule does not allow that if the amendment charges an additional or different offense, or if it prejudices a substantial right of the defendant. [6]
Is there still a preliminary hearing if the government files an information?
Under federal Rule 5.1, a magistrate judge generally must hold a preliminary hearing for an offense other than a petty offense. The rule lists exceptions, and two involve an information: one where the government files an information under Rule 7(b) charging a felony, and one where it files an information charging a misdemeanor. [7]
What happens if an information cites the wrong law?
Federal Rule 7 says a citation error, or a missing citation, is not by itself a ground to dismiss an information or to reverse a conviction. The exception is when the defendant was misled and prejudiced as a result. [6]