We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Information: A Comprehensive Guide to Its Legal Meaning and Process
Definition & Meaning
An information is a formal accusation of a crime, similar to an indictment, but it is initiated by a public prosecutor instead of a grand jury. This document outlines the alleged crimes in writing and must be provided to the defendant at their first court appearance. If the information includes felony charges, a preliminary hearing is required shortly after it is delivered. During this hearing, the prosecution must present sufficient evidence to persuade the judge that the alleged crime occurred and that the defendant likely committed it. Depending on the evidence presented, some charges may proceed to trial while others may be dismissed.
Table of content
Legal Use & context
The term "information" is primarily used in criminal law. It serves as a mechanism for bringing charges against a defendant without the need for a grand jury. This process is common in jurisdictions that allow prosecutors to file charges directly in certain cases, streamlining the legal proceedings. Users may encounter forms related to this process, such as templates for filing an information or responding to it, which can be managed with tools like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A public prosecutor files an information against an individual accused of theft. The document details the alleged crime and is presented to the defendant during their initial court appearance.
Example 2: In a case involving drug offenses, the prosecutor submits an information that outlines the charges. A preliminary hearing is held to determine if there is enough evidence to proceed to trial. (hypothetical example)
State-by-state differences
State
Notes
California
Allows prosecutors to file informations for misdemeanors and felonies.
Texas
Uses a similar process but may require an indictment for felonies.
New York
Prosecutors can file informations for certain misdemeanors without a grand jury.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Common misunderstandings
What to do if this term applies to you
If you have received an information, it is important to understand your rights and options. Consider the following steps:
Review the information carefully to understand the charges against you.
Consult with a legal professional to discuss your case and potential defenses.
Explore US Legal Forms for templates that may help you respond to the information or prepare for your preliminary hearing.
In complex cases, seeking professional legal assistance is highly recommended.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.