The Important Difference Between Information and Indictment in Criminal Cases

The Important Difference Between Information and Indictment in Criminal Cases

If you’ve ever found yourself remotely interested in criminal law, then you’ve most likely heard of the terms Information and Indictment. However, not everyone understands the difference between these two crucial legal terms. In this article, we aim to elaborate on the difference between Information and Indictment in criminal cases and why it’s essential to know the difference.

The Definitions

Let’s start with the definitions of the two terms. An Information is a formal accusation made by a prosecutor against a person who is suspected of committing a criminal offense. It’s usually filed in court and contains a statement of the essential facts and evidence that the prosecutor has against the defendant. An Indictment, on the other hand, is a formal document brought by a grand jury that accuses a person or an organization of committing a crime. Unlike an information, an indictment is only used in cases that require a grand jury, such as cases involving serious felonies.

The Process

The process of obtaining an Information or an Indictment is fundamental. The prosecutor files an Information on behalf of the state. This is usually done after an arrest has been made or when the prosecutor feels that there is enough evidence to charge the defendant with a crime. The court then schedules an arraignment, a hearing in which the defendant is formally charged with the crime and is asked to enter a plea (guilty or not guilty).

On the other hand, obtaining an Indictment is more complicated. The prosecutor does not file an indictment; instead, a grand jury is convened to determine whether there is sufficient evidence to indict the defendant. The grand jury is made up of citizens who listen to the prosecutor’s case and decide whether the defendant should be indicted. If the grand jury decides that there is enough evidence, it issues an indictment, and the defendant is arraigned as in an Information.

The Importance of Knowing the Difference

Now that you know the difference between Information and Indictment, it’s crucial to understand why it’s essential. First, knowing the difference helps you understand the charges and the process that the prosecution is using against you. If you know that you are being charged via an Information, you know that it’s the prosecutor who is accusing you. If you are being charged via an Indictment, then you know that a grand jury has heard the prosecutor’s case and has decided to indict you.

Second, knowing the difference can also affect your defense strategy. If you know that you are being charged via an Indictment, your defense strategy may be different from if you were being charged through an Information. An Indictment means that there is more evidence against you; hence your defense strategy may need to be different.

Conclusion

In summary, the difference between Information and Indictment in criminal cases is significant. While both terms involve formal accusations against individuals accused of committing a crime, an Information is filed directly by the prosecutor, whereas an Indictment is issued by a grand jury. Knowing the difference is crucial for defendants to understand their charges and develop the right defense strategy against the allegations. Criminal defense attorneys must also be familiar with these legal terms to provide the best legal representation to their clients.