Glossary I

Information

An information is a formal criminal charging document filed by a prosecutor, without the involvement of a grand jury. The Fifth Amendment requires a grand-jury indictment for federal capital or "infamous" crimes, so in federal practice an information is used for misdemeanors, and for felonies only when the defendant waives the grand-jury requirement in writing. Many states use informations more broadly as their ordinary way of charging crimes.

An information is a formal criminal charging document filed by a prosecutor, without the involvement of a grand jury. The Fifth Amendment requires a grand-jury indictment for federal capital or “infamous” crimes, so in federal practice an information is used for misdemeanors, and for felonies only when the defendant waives the grand-jury requirement in writing. Many states use informations more broadly as their ordinary way of charging crimes.

Example: Under Federal Rule of Criminal Procedure 7(b), a defendant may waive prosecution by indictment and be charged instead by information — a waiver that must be voluntary and made in open court. Waiver-and-information charging is common in federal plea agreements.

Common misconception: An information is not a weaker or informal accusation. It is a formal charging instrument that must state the offense with the same particularity as an indictment, and it initiates a prosecution with full procedural protections — the difference is who signs it (the prosecutor) rather than the grand jury.

Sources: Fifth Amendment | Constitution Annotated"; Fed. R. Crim. P. 7 (Indictment and Information) | Cornell LII"