An indictment is a formal accusation of a crime issued by a grand jury. A grand jury is a group of citizens, typically consisting of 16 to 23 members, who review evidence presented by the prosecution to determine whether there is probable cause to believe that a crime has been committed and that the accused individual is responsible. The grand jury proceedings are secret, and the jurors are sworn to maintain confidentiality.
Grand Jury
The grand jury’s decision to indict is usually based on a majority vote. If they decide that there is sufficient evidence to charge the individual, they return a “true bill” of indictment. The indictment typically contains a description of the alleged offense, the relevant statute or law violated, and the details necessary to inform the defendant of the specific crime they are being charged with.
This language indicates that the charges have been reviewed and approved by a grand jury.
Federal Informations
An information is a formal charging document that is filed directly by a federal prosecutor, without the involvement of a grand jury. Unlike an indictment, an information is used when the defendant waives their right to a grand jury and agrees to be charged through this alternative method, often as part of a plea agreement.
Informations are generally used for misdemeanor cases or in situations where the defendant and the prosecutor have already reached a plea agreement for a felony charge.
Like an indictment, an information outlines the alleged offense, the relevant statute or law violated, and the details necessary to inform the defendant of the specific crime they are being charged with.
An information does not mention a grand jury since it is not part of the process for filing an information. Instead, it may begin with a phrase such as “The United States Attorney charges that…” or “The United States of America charges…”.
In summary, federal indictments are issued by a grand jury after reviewing evidence presented by the prosecution, while informations are filed directly by the prosecutor without grand jury involvement. Indictments mention the grand jury as the charging authority, whereas informations do not.