A criminal information is a formal charging document that a prosecutor files directly with the court, accusing a named person of a specific crime without going through a grand jury. It is the government attorney’s own signed accusation, and once a judicial officer finds probable cause, it launches the criminal case. Federal prosecutors use it routinely for misdemeanors and, with the defendant’s waiver, for felonies. In state court, about half the states allow felony charges by information without any waiver at all.
How It Differs From a Criminal Complaint
These two documents get confused constantly. A criminal complaint is a sworn statement, usually by a law enforcement officer, laying out basic facts to support probable cause so a judge can issue an arrest warrant or summons.1Legal Information Institute. Federal Rules of Criminal Procedure Rule 3 – The Complaint Its job ends there. A federal felony case cannot go to trial on a complaint alone.
An information does more. It carries more detail, cites the specific statutes the defendant allegedly violated, and must be signed by a government attorney rather than by an officer.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 7 – The Indictment and the Information The complaint gets a person into the courthouse. The information is what keeps them there.
When Prosecutors Can Use an Information
Federal Misdemeanors
Any federal offense punishable by one year of imprisonment or less can be prosecuted by information. No grand jury is needed, and no waiver from the defendant is required. That covers the full range of federal misdemeanors and petty offenses.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 7 – The Indictment and the Information
State Felony Charges
The Fifth Amendment’s grand jury requirement covers “infamous” crimes, which courts read to mean offenses punishable by imprisonment in a penitentiary.3Constitution Annotated. Amdt5.2.2 Grand Jury Clause Doctrine and Practice That requirement binds only the federal government. In Hurtado v. California, the Supreme Court held that the Fourteenth Amendment’s due process clause does not force states to use grand juries.4Justia. Hurtado v California, 110 US 516 (1884) Roughly half the states allow prosecutors to charge felonies by information with no grand jury review and no consent from the defendant. If you’re facing state felony charges, whether a grand jury was involved depends entirely on your state’s constitution and rules.
Federal Felonies With a Waiver
Federal felonies punishable by more than one year normally require a grand jury indictment. A defendant can waive that right and agree to be charged by information instead. The waiver has to happen in open court, and the defendant must first be advised of the nature of the charge and of their rights.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 7 – The Indictment and the Information
The judge addresses the defendant directly to confirm the waiver is voluntary and informed. Defendants who take this route typically do it during plea negotiations, where waiving indictment speeds up the timeline and can be part of a broader deal with the government. Once accepted, the case proceeds as if a grand jury had returned an indictment.
What the Document Must Contain
Federal Rule of Criminal Procedure 7(c) sets the requirements. The information must contain a plain, concise, and definite written statement of the essential facts making up the offense. It must be signed by a government attorney. And each count must cite the specific statute, regulation, or other law the defendant allegedly violated.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 7 – The Indictment and the Information
The rule does not require formal legal prose. Counts can incorporate allegations from other counts by reference, and the government can allege that the specific means of committing the offense are unknown. If the document tells the defendant what they did, when and where they did it, and which law it broke, it has done its job.
One useful detail: an error in the statute citation does not by itself sink the case. Unless the defendant was actually misled and prejudiced by the mistake, a citation error is not grounds for dismissal.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 7 – The Indictment and the Information
Speedy Trial Act Deadlines
Once someone is arrested or served with a summons, the clock starts. Under the Speedy Trial Act, the government has 30 days from that arrest or summons to file an information or indictment.5Office of the Law Revision Counsel. 18 US Code 3161 – Time Limits and Exclusions For a felony charged in a district where no grand jury has been in session during that window, the deadline extends by another 30 days.
After filing, a second clock begins. If the defendant pleads not guilty, trial must start within 70 days from whichever comes later: the filing of the information or the defendant’s first appearance before a judicial officer.5Office of the Law Revision Counsel. 18 US Code 3161 – Time Limits and Exclusions Pretrial motions, continuances, and competency evaluations can toll those deadlines, but those numbers are the baseline the government works against.
Amending an Information
Prosecutors can ask the court to amend the information any time before verdict or finding, but two hard limits apply. The amendment cannot charge an additional or different offense, and it cannot prejudice a substantial right of the defendant.2Legal Information Institute. Federal Rules of Criminal Procedure Rule 7 – The Indictment and the Information Fixing a wrong date or a bad statute citation is generally fine. Slipping a new charge in as an “amendment” is not. If the government wants to pursue a different crime, it has to start the charging process over.
Challenging a Defective Information
A defendant who thinks the information is legally deficient has to raise it before trial. Federal Rule 12 specifically lists defects in the information as issues that must be addressed by pretrial motion, including lack of specificity, failure to state an offense, improper joinder, and duplicative counts.6Legal Information Institute. Federal Rules of Criminal Procedure Rule 12 – Pleadings and Pretrial Motions
Missing the deadline matters. An untimely motion is treated as waived unless the defendant shows good cause. Even a successful motion rarely ends the case: if the court dismisses a defective information, it can order the defendant held or released for a specified period while the government files a corrected information or takes the case to a grand jury.6Legal Information Institute. Federal Rules of Criminal Procedure Rule 12 – Pleadings and Pretrial Motions The motion buys time and forces the government to fix its work.
What Happens After Filing
Filing with the clerk formally commences the criminal case. The clerk assigns a case number and enters the charges into the public record. A judge or magistrate can then issue a summons or an arrest warrant if the defendant is not already in custody.
The next step is arraignment. Under Federal Rule 10, arraignment happens in open court and involves three things: making sure the defendant has a copy of the information, reading the charges or stating their substance, and asking for a plea.7Legal Information Institute. Federal Rules of Criminal Procedure Rule 10 – Arraignment From there, the 70-day trial clock is running, and the case moves into discovery, motions, and plea negotiations.