Also known as: charging instruments · indictment · information · complaint
Written by attorneys — see sources below.
A formal document that sets forth an accusation of a crime. It identifies the offense charged and provides the defendant with notice of the allegations to be proved at trial.
Carlos Castillo was arrested for a serious theft. Prosecutors presented evidence to a grand jury before filing any document. The grand jury returned an indictment that served as the charging instrument and allowed the case to proceed to trial.
Caleb Chang faced a criminal complaint alleging he falsified records. His attorney filed an answer denying the key facts after a reasonable inquiry. The court evaluated whether the denials complied with certification standards under the applicable rules.
Caitlin Crowley was charged by information with a regulatory violation. Her counsel requested judicial notice of a published statute that defined the offense. The court granted the request and incorporated the noticed fact into its review.
Catherine Carter, a former prosecutor, joined a defense firm. She was asked to represent a client charged by indictment in a matter involving confidential government data she had obtained. The firm screened her and declined the representation to avoid using the protected information against the government.
Christian Coleman, an agent for Cardinal Insurance, learned of a material fact about a pending criminal charge against a policyholder. He promptly informed the company so it could decide whether to continue coverage. The information directly affected the insurer's response.
Clifford Cox offered to plead guilty under a proposed charging instrument. Before the prosecutor received acceptance, the state filed a superseding indictment that altered the charges. The original offer was treated as withdrawn once the defendant learned of the new filing.
An indictment returned by a grand jury, an information filed by a prosecutor, and in some cases a complaint can each serve as the charging instrument. The document must set forth the essential facts constituting the offense and identify the crime charged.
Filing the charging instrument with the court constitutes a governmental commitment to prosecute. This step triggers Sixth Amendment protections such as the right to counsel for subsequent critical stages.
The instrument must articulate the charges with enough specificity that the defendant understands the allegations the prosecutor will attempt to prove at trial. At arraignment the charges are read or summarized from the document.
…to an office not held at the will of the President. The applicants had been much embarrassed in obtaining evidence. Reasonable 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…