Information and indictment are two essential legal terms that you may come across during criminal proceedings. Both these terms are related to the evidence gathering process and play a crucial role in the outcome of a case. However, they have some significant differences that set them apart. In this article, we will explore the role of information vs indictment in criminal proceedings and explain their key differences.
What is Information in Criminal Proceedings?
In simple terms, information is a formal accusation made against a person by a government agency or a prosecutor. It is essentially a document that outlines the charges against the accused and the evidence that supports these charges. In other words, an information is a summary of the evidence gathered by the prosecution, which they believe is sufficient to prove the guilt of the accused person.
In most cases, information is used in minor criminal offenses such as traffic violations, petty theft, and other misdemeanors. The accused person is not usually arrested until after the information has been filed, and the court has reviewed it. Once an information has been filed, the accused person has the right to an attorney and must appear in court to hear the charges against them.
What is an Indictment in Criminal Proceedings?
Indictment, on the other hand, is a legal term used when a grand jury has found sufficient evidence to charge someone with a crime. It is a formal document that charges a person with a crime and lists the evidence against them. Unlike information, an indictment is issued only in serious criminal cases and is presented to the court by the prosecutor.
The grand jury is a group of citizens who review the evidence presented by the prosecutor to determine if there is enough evidence to charge someone with a crime. If the grand jury decides that there is sufficient evidence, they issue an indictment. Once an indictment has been issued, the accused person may be arrested and held in custody until their trial.
Key Differences between Information and Indictment
The key differences between information and indictment can be summarized as follows:
1. Information is filed by the prosecutor, while indictment is issued by a grand jury.
2. Information is used in minor criminal offenses, while indictment is used in serious criminal cases.
3. The accused person is not arrested until after an information has been filed, while an indictment may lead to an arrest.
4. Information is a summary of the evidence gathered by the prosecution, while an indictment lists the evidence against the accused person.
Conclusion
Information and indictment are two legal terms that play a critical role in criminal proceedings. While both are related to the evidence gathering process, they have some significant differences that set them apart. Understanding these differences is essential if you are involved in a criminal case, whether you are the accused person or the prosecutor. By knowing the role of information vs indictment in criminal proceedings and their key differences, you can better understand the charges against you and prepare an effective defense.
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