Indictments vs Criminal Informations
An indictment and an information are formal charging documents, not findings of guilt. A grand jury returns an indictment after finding probable cause; a prosecutor files an information. Federal felonies generally require indictment unless the defendant waives that right in open court, while misdemeanors and many…
Timeline
- 2026-10-12: Federal charging rules, constitutional doctrine and court guidance were rechecked.
- 2026-10-11: Primary and authoritative sources were reviewed for this guide.
An indictment and an information are written documents that formally accuse a person of one or more crimes. They begin or advance a prosecution; neither proves the accusation. An indictment is returned by a grand jury, while an information is filed by a prosecutor. A trial jury, judge accepting a plea or other lawful adjudication determines guilt under a much more demanding standard than the probable-cause screening associated with an indictment. [1][2][3][4]
The Fifth Amendment requires a grand-jury presentment or indictment for capital or otherwise infamous federal crimes, with stated military exceptions. Federal Rule of Criminal Procedure 7 implements that protection by requiring indictment for an offense punishable by death or by more than one year in prison, except criminal contempt. The constitutional Grand Jury Clause applies to federal prosecutions; it has not been incorporated against the states, whose constitutions and statutes may authorize different charging routes. [1][2]
A federal grand jury is a group of citizens that hears evidence presented by the prosecutor and asks whether probable cause supports the proposed charges. If enough jurors agree, it returns an indictment. The proceeding is generally secret, and the defense ordinarily does not present a trial-style case in the room. That one-sided screening process is one reason an indictment must not be described as a verdict or as evidence that the defendant committed the crime. [2][3][4]
An information is the prosecutor’s formal written charge. In federal court, a felony punishable by more than one year may proceed by information only when the defendant waives indictment in open court after being advised of the charge and the right to grand-jury review. Such waivers commonly appear in negotiated cases, but the charging form alone does not establish that a guilty plea has occurred or reveal the entire agreement. [1][4]
Rule 7 gives indictments and informations the same core drafting requirement: a plain, concise and definite written statement of the essential facts constituting each offense, signed by a government attorney. Each count should cite the allegedly violated law. A mistaken or omitted citation does not automatically end the case unless it misled and prejudiced the defendant, because the factual allegations and actual elements, rather than a label alone, define the accusation. [1]
The instruments are not interchangeable in every procedural respect. Rule 7 allows a court to permit amendment of an information before verdict if no additional or different offense is charged and no substantial right is prejudiced. Prosecutors cannot simply broaden a grand jury’s indictment through the same mechanism; the grand jury’s charging role constrains additions. Either instrument can face timely motions alleging defects, lack of specificity or failure to state an offense. [1][2]
A defendant may receive other documents before either formal charge, including a criminal complaint and arrest warrant. Those are distinct steps. An indictment may also be sealed temporarily, and prosecutors may later seek a superseding indictment that replaces or expands earlier charges through the grand jury. Counts can be dismissed, amended where law permits or resolved separately, so a docket’s current operative charging document matters more than the first headline. [1][3][4]
When reading a case, identify whether it is federal, state, military or tribal; whether the offense is a felony or misdemeanor; who filed or returned the document; and whether indictment was waived. Then read the counts and statutes without treating allegations as established facts. “Charged by information” does not mean an informal or minor case, and “indicted” means the grand jury authorized prosecution on probable cause, not that a trial jury found guilt beyond a reasonable doubt. [1][2][3][4]
Sources
- Federal Rule of Criminal Procedure 7 — The Indictment and the Information
- Constitution Annotated — Grand Jury Clause Doctrine and Practice
- U.S. Courts — Types of Juries
- U.S. District Court for the District of Minnesota — Grand Jury Handbook