Also known as: charging documents · indictment · information · complaint · accusatory instrument
Written by attorneys · grounded in primary & secondary sources — see below
A formal written instrument that accuses a person of committing a crime and commences criminal proceedings against that person.
Select any source to read its text and confirm it supports the definition.
Cade Carpenter faces federal embezzlement allegations. Prosecutors file an information rather than seeking a grand jury indictment. The court dismisses the case because the charging document fails to satisfy the constitutional prerequisite for an infamous crime.
Carmen Choi is charged by information with fraud. The information is later superseded by a grand-jury indictment containing additional counts. The court permits the new charging document to replace the original information without further grand-jury review of the added counts.
Connor Clark stands trial on a felony charge set forth in the indictment. Defense counsel asks the court to take judicial notice of a prior acquittal date listed in the charging document. The court grants the request once supplied with the necessary court records.
Chloe Chen, a former prosecutor, joins a firm defending Cody Callahan against charges in an indictment. The firm screens Chen from the matter after she acquired confidential government information about the victim while in public service. The screening allows the representation to continue.
Cecilia Cabrera serves as agent for Cardinal Insurance when the company is named in a criminal complaint. She learns of material facts about the insured's conduct that the principal would want to know. Cabrera promptly communicates the information to the company without breaching any superior duty.
Crown Pharmaceuticals receives a settlement offer while defending against charges in an information. The prosecutor files a superseding charging document that adds new counts. Crown learns of the filing and treats its power to accept the original offer as terminated.
A charging document may be an indictment returned by a grand jury or, in limited circumstances, an information filed by the prosecutor. The Fifth Amendment requires an indictment for capital or otherwise infamous crimes.
No. The Fifth Amendment requires a grand jury indictment only for capital or otherwise infamous crimes. Misdemeanors and certain other offenses may proceed by information.
The existence of a charging document can trigger screening requirements for former government lawyers and may supply facts that agents must report to principals under agency law.
Marbury v. Madison <!-- acedexams opinion md v1 -- Case information - Court: Supreme Court of the United States - Decided: February 24, 1803 - Judges: Chief Justice Marshall Syllabus The Supreme Court of the United States has not power to…