An accusatory instrument filed by a prosecutor to charge a defendant with a crime without obtaining a grand jury indictment. Historically it also denoted a civil proceeding initiated by the crown or on behalf of protected parties such as charities.
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How its tested
Common Examples
6
Federal Fraud Filing
Prosecutor Ramirez filed a bill of information charging defendant Lopez with wire fraud. Lopez had waived indictment, allowing the case to proceed to arraignment without grand jury review.
Misdemeanor Drug Charge
In state court, prosecutor Patel used a bill of information to charge defendant Garcia with possession of a controlled substance. Because the offense carried a maximum of one year, no grand jury was required.
Waiver After Arrest
After his arrest, defendant Thompson signed a written waiver of indictment. The prosecutor then filed a bill of information alleging two counts of tax evasion and scheduled a prompt plea hearing.
Prosecutor Nguyen filed a single bill of information naming both corporate officer Rivera and the company itself. The document detailed false statements made to federal regulators over three fiscal years.
Historical Equity Proceeding
In seventeenth-century England the attorney general filed a bill of information on behalf of a charitable trust. The suit sought to recover misappropriated funds without using ordinary writ procedures.
Speedy Trial Calculation
Defendant Morales moved to dismiss for speedy trial violation. The court measured the seventy-day clock from the filing date of the bill of information because no indictment had ever been sought.
3 common questions
Students Frequently Ask...
When may a prosecutor use a bill of information instead of an indictment?
A prosecutor may file a bill of information to charge a defendant without grand jury action when the offense does not require an indictment or when the defendant waives indictment.
How does a bill of information differ from an indictment?
A bill of information is filed directly by the prosecutor while an indictment is returned by a grand jury. Both serve to formally charge the defendant and initiate criminal proceedings.
What historical civil use did a bill of information serve?
Historically a bill of information allowed the crown or protected parties such as charities to commence certain civil suits without the ordinary forms of process.
information
had been denied at the Department of State. Although a respectful memorial had been made to the Senate praying that their Secretary be permitted to give extracts from the executive…