Also known as: substituting information in lieu of indictment · substituted information in lieu of indictment · substitution of information in lieu of indictment · information in lieu of indictment · information · waiver of indictment
Written by attorneys · grounded in primary & secondary sources — see below
A formal criminal charge filed by a prosecutor that replaces a grand-jury indictment.
After a grand jury returns an indictment against Samantha Stone for wire fraud, the prosecutor learns of new evidence that simplifies the charges. The prosecutor files a substitute information in lieu of indictment that drops two counts and adds a single conspiracy allegation. The court accepts the filing and proceeds to arraignment on the information alone.
Scott Summers is indicted for securities violations. His counsel moves to dismiss the indictment on evidentiary grounds. The prosecutor responds by filing a substitute information in lieu of indictment that narrows the factual allegations to those supported by existing records. The court denies the motion and allows the case to continue on the information.
Simone Sanders faces an indictment for tax evasion. The prosecutor files a substitute information in lieu of indictment that incorporates publicly recorded tax filings. Defense counsel requests judicial notice of those filings under the applicable evidence rule. The court grants the request and the case proceeds on the information.
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A former government lawyer now in private practice represents Sierra Santos in a fraud prosecution. The prosecutor files a substitute information in lieu of indictment that relies on records the lawyer once reviewed in her prior public role. The lawyer withdraws to avoid using confidential government information against an adverse party.
Sophia Singh is indicted for embezzlement from her employer. The prosecutor obtains information from the company controller and files a substitute information in lieu of indictment that incorporates those details. The controller had a duty to report relevant facts to the principal, enabling the streamlined charging document.
Spencer Silver is under indictment for breach of contract related to a business deal. The prosecutor learns the complaining witness has accepted a settlement inconsistent with prosecution. The prosecutor files a substitute information in lieu of indictment that narrows the charges to reflect the changed facts before any plea offer is accepted.
A prosecutor may file a substitute information in lieu of indictment to replace a grand-jury indictment when the charging document needs to be narrowed, simplified, or adjusted based on new information or strategic considerations. The filing allows the case to proceed without returning to the grand jury.
Supporting sources
No. The substitute information is filed directly by the prosecutor and takes the place of the indictment, eliminating the need for further grand-jury action on the revised charges.
Supporting sources
The filing shifts the case from proceeding on the indictment to proceeding on the information alone. Arraignment, pretrial motions, and trial then occur under the terms of the substitute document.
Supporting sources
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…