Also known as: Rule7 · FRCP 7 · Fed. R. Civ. P. 7
Written by attorneys · grounded in primary & secondary sources — see below
A federal rule of criminal procedure that requires offenses punishable by more than one year of imprisonment to be prosecuted by grand jury indictment unless the defendant waives the right in open court after being advised of the charge and the right to indictment.
Rowan Russell faced a felony charge in federal court. The government sought to proceed by information after Rowan consulted counsel. The court advised Rowan of the charge and indictment right. Rowan waived on the record, allowing prosecution by information.
Rhea Reynolds pleaded guilty to a felony brought by information. She later moved to vacate, claiming no valid waiver occurred. The court upheld the conviction because the record showed a knowing waiver of the grand jury right under the rule.
Renee Rogers faced a felony charge and signed a written waiver after consulting counsel. At the hearing the court advised her on the record of the charge and her indictment right. She confirmed the waiver in open court, allowing the government to proceed by information.
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Raymond Ramos was charged by information following an open-court waiver of indictment. He later sought review after pleading guilty. The court examined whether the waiver complied with Rule 7 before accepting the conviction.
Rachel Ramirez faced felony charges and was advised by the court of her grand jury rights. After consulting counsel she waived indictment in open court. The government then filed an information under the rule to proceed.
Riley Rivera was advised of the indictment right during arraignment. After speaking with retained counsel, Riley waived the right in open court. The court accepted the waiver, permitting the felony case to move forward by information.
A felony may proceed by information only when the defendant waives indictment in open court after being advised of the nature of the charge and the right to indictment. The court must accept the waiver before the prosecution may continue on that basis.
Where a defendant was entitled to grand jury indictment but was prosecuted by information instead, and a timely objection is raised, the conviction must be automatically reversed. The error is not subject to harmless-error review.
Rule 7 does not extend the right to a grand jury accusation beyond the Fifth Amendment guarantee. It differs from the constitutional provision by referring only to prosecution by indictment rather than by indictment or presentment.
…embodied in Federal Rule of Criminal Procedure 7(a) is confined to the specific circumstances outlined in the Rule's text: "Rule 7(a) recognizes that this safeguard may be waived, but only in those proceedings which are noncapital." 360 U. S., at 9. Unlike Rules 43 and 7(a), however, the plea-statement Rules make no…