Indictment vs Information: What’s the Difference and Which is More Serious?

Indictment vs Information: What’s the Difference and Which is More Serious?

Have you ever heard the terms “indictment” and “information” but weren’t sure exactly what they meant? Both indictments and informations are legal documents used to charge someone with a crime in the United States. While they may seem similar on the surface, there are some key differences between the two.

What is an Indictment?

An indictment is a formal accusation of a crime made by a grand jury. A grand jury is a group of citizens who are presented with evidence by a prosecutor in order to determine whether there is enough evidence to require a trial. If the grand jury decides that there is enough evidence, they will issue an indictment. This means that the person is formally charged with the crime, and the case will proceed to trial.

What is an Information?

Like an indictment, an information is also a formal accusation of a crime. However, instead of being issued by a grand jury, it is filed by the prosecutor directly with the court. In this case, the prosecutor has reviewed the evidence and decided that there is enough to proceed with a trial. The information contains a statement of the charges and is served on the accused person, who must then appear in court.

Why Would a Prosecutor Choose One over the Other?

There are a few reasons why a prosecutor might choose to seek an indictment over an information, or vice versa. For example, in some cases, an information may be filed if the charge is relatively minor or if the prosecutor wants to move quickly. On the other hand, an indictment may be required in certain situations, such as for capital offenses, which are crimes punishable by death.

Additionally, in some states, certain crimes must be charged by indictment, while in others, an information may be used instead. State laws also dictate whether grand juries are used and how they function.

Which is More Serious?

In terms of the consequences for the accused person, there is no difference between being charged by indictment or information. Both can result in serious penalties, including fines, imprisonment, and a criminal record.

However, there is one important distinction. Because an indictment is issued by a grand jury, it is considered to be more serious or “formal” than an information, which is filed directly by the prosecutor. Being indicted can carry a certain stigma and may signal to the public and potential jurors that the case is particularly egregious.

Conclusion

While both indictments and informations serve the same purpose (to charge someone with a crime), there are some important differences between the two. Whether a prosecutor seeks an indictment or an information may depend on a variety of factors, including the severity of the crime and the laws of the state. Ultimately, for the accused person, being charged by either document can have serious consequences.