Information vs Indictment: What’s the Difference?

Introduction

The terms “information” and “indictment” are often used in legal contexts but may be confusing for people who are not familiar with the legal system. Both terms are used to initiate criminal proceedings, but they differ in their requirements and implications. Understanding these differences is crucial, whether you are an accused person, a witness, or a member of the general public. This article explores the distinction between information and indictment and sheds light on the key aspects to consider.

What is an Information?

An information is a formal accusation of a crime that is made by a prosecutor, usually filed in writing, and is presented to a court. It serves as a notice to the accused that they are being charged with a crime, and it details the nature of the charges against them. The information is used to initiate criminal proceedings in cases where the alleged offense is a misdemeanor or a minor felony. In most cases, the accused has a right to a trial by jury and is entitled to present a defense.

What is an Indictment?

An indictment, on the other hand, is a formal accusation of a crime that is made by a grand jury, rather than a prosecutor or a court. A grand jury is a group of citizens who are selected from the community and who serve as a sort of “investigative body” for the prosecution. The grand jury’s role is to review evidence and determine whether there is enough probable cause to believe that a crime has been committed and that the accused person is responsible for it. If the grand jury finds that there is probable cause, it issues an indictment, which serves as the formal charging document. The indictment is used to initiate criminal proceedings in cases where the alleged offense is a serious felony.

Key Differences

The main difference between an information and an indictment lies in the authority that brings the charges. In cases where an information is filed, the prosecutor has the sole authority to bring charges against the accused person. In contrast, indictments are only issued after a grand jury has reviewed the evidence and concluded that there is probable cause to believe that the accused person has committed a crime.

Another important difference is the level of seriousness of the alleged crime. Informations are used for minor offenses, such as traffic violations or petty theft, while indictments are reserved for more serious crimes, such as murder, rape, or drug trafficking. The severity of the crime also affects the potential penalties that the accused person may face if convicted.

Examples

To illustrate the difference between information and indictment, consider the following scenarios:

Scenario 1:
John has been accused of shoplifting a pack of gum from a convenience store. The prosecutor files an information against him, charging him with theft. John has a right to a trial by jury, and if convicted, he may face a fine or community service.

Scenario 2:
Mark has been accused of selling drugs to minors. The prosecutor presents evidence to a grand jury, who issues an indictment against Mark, charging him with drug trafficking. Mark has a right to a trial by jury, but if convicted, he may face a lengthy prison sentence.

Conclusion

In summary, information and indictment both serve as formal accusations of a crime, but they differ in their authority, method of issuance, and severity of charges. Informations are used for minor offenses, and indictments are reserved for serious felonies. Knowing the differences between the two can help you understand your rights and obligations in a criminal proceeding, as well as the potential consequences of a conviction.