Also known as:prosecutors information · prosecutor information · information · prosecutorial information
Written by attorneys · grounded in primary & secondary sources — see below
A charging instrument in criminal procedure consisting of a sworn allegation by the prosecutor that establishes probable cause to prosecute a felony.
Sources & Authorities
How it applies
Common Examples
6
State Charges Felony by Information
Patricia Patel is arrested for felony theft. The prosecutor files a sworn document alleging the elements of the offense and supporting facts. The court accepts the filing as the charging instrument and sets the case for arraignment without convening a grand jury.
Defense Challenges Information Sufficiency
Priya Prasad moves to dismiss the prosecutor's information for lack of probable cause. The court reviews the sworn allegations and denies the motion after finding the facts recited establish each element of the charged offense.
Court Takes Notice of Prior Conviction
Pilar Pena faces a felony information that references a prior conviction. The prosecutor requests judicial notice of the conviction record. The court grants the request and the prior offense elevates the current charge.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Former Prosecutor Represents Defendant
Portia Price, a former state prosecutor, joins a defense firm. She is screened from a matter involving confidential government information obtained during her public service. The firm continues representation after written notice to the agency.
Agent Must Relay Charging Facts
Penelope Price, an investigator for the district attorney, learns of new exculpatory facts after an information is filed. She promptly reports the information to the prosecutor so the principal can decide whether to amend or dismiss the charges.
Defendant Learns of Withdrawn Offer
Perry Pratt receives a plea offer from the prosecutor. Before acceptance, the prosecutor files an information charging a higher offense and notifies defense counsel. Pratt's power to accept the original offer terminates upon receipt of reliable information of the filing.
Common questions
Frequently Asked
3
What is a prosecutor's information?+
A prosecutor's information is a sworn charging document filed by the prosecutor that alleges the elements of a felony and supporting facts. It serves as the charging instrument in states that do not require grand jury indictment for all felonies.
Supporting sources
How does a prosecutor's information differ from an indictment?+
An indictment is issued by a grand jury after hearing evidence. A prosecutor's information is filed directly by the prosecutor under oath and substitutes for grand jury review in information states.
Supporting sources
When may a defendant challenge a prosecutor's information?+
A defendant may move to dismiss an information for lack of probable cause or for failure to allege every element of the offense. The court reviews the sworn allegations to determine whether they establish probable cause.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
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…