Waiver Allows Felony Filing
Francisco Frost waived grand jury review in his federal fraud case. The prosecutor then filed a felony information charging multiple counts. The court proceeded directly to arraignment on the document.
Also known as: felony informations · information
Written by attorneys · grounded in primary & secondary sources — see below
A charging document filed by a prosecutor to initiate a felony prosecution without an indictment. The document may be filed only after the defendant waives the right to grand jury review.
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Francisco Frost waived grand jury review in his federal fraud case. The prosecutor then filed a felony information charging multiple counts. The court proceeded directly to arraignment on the document.
Fumiko Fujimoto's attorney filed an answer denying key allegations in the felony information. The denials rested on a reasonable belief that evidence would not support the claims. The court later evaluated whether the filing complied with certification requirements.
Francois Fortier requested judicial notice of a prior conviction listed in the felony information. The court received the necessary records and granted the request. The noticed fact became part of the case record without further proof.
Fatima Flores, a former prosecutor, declined to represent a client charged by felony information. She possessed confidential government information about the victim from her prior public role. Screening procedures were implemented at her new firm to avoid any material disadvantage.
Felix Franco, acting as defense investigator, learned material facts about the felony information charges. He promptly relayed the details to his supervising attorney as required by the agency relationship. The information helped shape the defense strategy.
Frederick Ferguson received reliable information that the government would not proceed on the felony information. He treated the offer of a plea as terminated. The court accepted the withdrawal of the pending charges.
A prosecutor may file a felony information only after the defendant waives the right to grand jury review. The waiver eliminates the requirement of prosecution by indictment. Three of the five exceptions to a preliminary hearing also turn on defendant consent or waiver.
Supporting sources
Yes. The prosecutor cannot file the felony information unless the defendant first waives grand jury review. The waiver is a defense-controlled event that substitutes the information for an indictment.
Supporting sources
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