Also known as: file an information · files an information · filed an information · filing information · information
Written by attorneys · grounded in primary & secondary sources — see below
A formal charging document prepared and filed by a prosecutor that alleges facts establishing probable cause to believe the defendant committed a specified crime. The document initiates criminal proceedings in the trial court without requiring grand jury review. It must identify the offense, the defendant, and the supporting factual basis.
Frederick Ferguson, a federal prosecutor, files an information charging a defendant with tax evasion. The filing occurs shortly after the President delivers the annual address to Congress detailing enforcement priorities. The court accepts the information as properly supported by the executive's communicated policy on criminal enforcement.
Forrest Falconer files an information alleging embezzlement by a corporate officer. Defense counsel files an answer denying the factual contentions. The denial rests on a reasonable belief that the officer lacked access to the accounts, satisfying the requirement that denials be warranted on the evidence or lack of information.
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Felicia Fuentes files an information charging wire fraud. The prosecutor requests that the court take judicial notice of the official date a regulatory filing was made public. The court grants the request because the party supplied the necessary government record confirming the date.
Francesca Fowler, a former government lawyer, files an information on behalf of a private client. The information relies on confidential data acquired during her prior public employment. The court disqualifies her because the representation is adverse to the person whose confidential information could cause material disadvantage.
Francesca Fiore, an agent for a corporate victim, assists the prosecutor in filing an information alleging theft. The agent supplies the principal with all material details about the investigation before the filing. The principal uses the information to decide whether to pursue restitution alongside the criminal charges.
Felicity French offers to settle a related civil claim before the prosecutor files an information. The offeror then files the information alleging the same underlying conduct. The offeree learns of the filing and treats the power of acceptance as terminated.
The four methods are filing an information, obtaining a grand jury indictment, conducting inquest proceedings, and filing a complaint before a magistrate. Filing an information is the method that relies on the prosecutor's review of police investigations and witness statements.
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The prosecuting attorney reviews statements from witnesses and police reports. The attorney then determines whether probable cause exists and decides whether to file the information.
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Filing an information allows the prosecutor to charge without grand jury review. A grand jury indictment requires the grand jury to find probable cause after hearing evidence.
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