Waiver of Indictment by Information
Farid Farahani faced federal felony charges. After the government confirmed the waiver was knowing and voluntary, the court allowed the case to proceed on an information under the rule's noncapital exception.
Also known as: Fed. R. Crim. P. 7 · FRCrP 7 · Rule 7 · FRCP 7 · Fed R Crim P 7
Written by attorneys · grounded in primary & secondary sources — see below
A federal rule that governs the use of indictments and informations to charge criminal offenses. It requires a plain concise statement of the essential facts and permits waiver of indictment in noncapital cases.
Select any source to read its text and confirm it supports the definition.
Farid Farahani faced federal felony charges. After the government confirmed the waiver was knowing and voluntary, the court allowed the case to proceed on an information under the rule's noncapital exception.
Farid Farahani faced federal charges and sought to waive indictment. The government agreed to proceed by information after confirming the waiver was knowing and voluntary under the rule's limits for noncapital cases.
Felipe Figueroa was charged by indictment. The court examined whether the document supplied the essential facts required by the rule so that the defendant received adequate notice.
Fiona Foster was charged by information with a noncapital offense. The court held that the concise factual statement satisfied the rule and supplied the notice and double-jeopardy protection the rule guarantees.
Frank Fisher was indicted and later questioned. The court applied the rule's formal-charge trigger to determine when Sixth Amendment protections attached.
Farah Fox was indicted and placed in jail. The court examined whether the rule's indictment protections had attached before an informant elicited statements.
The rule requires a plain concise and definite written statement of the essential facts constituting the offense. This ensures the defendant receives notice and can raise double jeopardy if needed.
Yes but only in noncapital cases and only under the specific circumstances the rule permits. Courts do not allow waiver beyond the text.
…260. Our decision in Smith followed a similar line of reasoning. It held that waiver of the indictment requirement 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…