Indictment vs Information: What’s the Difference and Why Does it Matter?

Indictment vs Information: What’s the Difference and Why Does it Matter?

In the legal world, terms like “indictment” and “information” hold significant weight. While both refer to charges filed against someone, there are key differences between the two that can impact the course of a criminal case. In this article, we will explore the difference between indictment and information and why it matters.

What is an Indictment?

An indictment is a formal accusation or charge made by a grand jury against a person suspected of committing a crime. A grand jury is a group of individuals who are appointed to investigate suspected criminal conduct and determine whether there is enough evidence to warrant a criminal charge. In an indictment, a prosecutor presents evidence to the grand jury and the grand jury determines whether there is probable cause to believe that a crime has been committed and the suspect is responsible.

What is an Information?

An information is a formal accusation or charge made by a prosecutor or district attorney without the need for a grand jury. It is usually filed after a preliminary hearing or a waiver of that hearing by the defendant. In an information, the prosecutor presents evidence to a judge, who then determines if there’s enough evidence for the case to proceed to trial.

So, What’s the Difference?

Simply put, the main difference between indictment and information is who decides to file the charges. In an indictment, charges are decided by a grand jury whom the prosecutor must convince that there is enough evidence to warrant charges. In an information, the charges are decided entirely by the prosecutor or district attorney based on their own assessment of the evidence against the suspect.

The impact of this difference is primarily procedural. In an indictment, the accused person has the right to a preliminary hearing to challenge the evidence presented to the grand jury. This can slow down the legal process, but it can also offer a chance for charges to be dismissed if the evidence is insufficient. In an information, the accused person doesn’t have this right.

In general, indictments are preferred by prosecutors when the case is complex, and they need extra legal tools like subpoena power. In contrast, an information is quicker and easier to obtain, and is used when the evidence is already clear and straightforward.

Why Does it Matter?

The difference between indictment and information matters because it can affect the course of a criminal case. For example, indictment cases generally take longer to go to trial. Thus, the decision to go with an indictment rather than information can delay justice for the victim of a crime.

In addition, an indictment may give the defense more opportunities to challenge the evidence against them. It also allows for more transparency in the legal process since the grand jury process is a matter of public record.

Conclusion:

In conclusion, the primary difference between indictment and information is who decides to file the charges. An indictment requires a grand jury, whilst an information is filed just by a prosecutor or district attorney. While the difference between these terms may seem technical, it can have a significant impact on the legal process. Understanding the distinction helps one to comprehend the path their case is taking and to be better prepared for what lies ahead.