{"id":12978,"date":"2018-02-04T18:54:42","date_gmt":"2018-02-04T18:54:42","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=12978"},"modified":"2018-02-14T05:30:14","modified_gmt":"2018-02-14T05:30:14","slug":"information-a-formal-criminal-charge-made-by-a-prosecutor-without-a-grand-jury-indictment-technically-an-accusation-of-the-commission-of-a-crime-otherwise-known-as-a-complaint-or-affidavit","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=12978","title":{"rendered":"Information – a complaint or affidavit, made by a prosecutor, alleging probable cause to suspect a crime, in order to bind a defendant over, to await action by the grand jury"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Criminal Law Self-Help<\/a> >>>> Criminal <\/em>Pleadings<\/a>:<\/span><\/strong><\/p>\n

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information<\/span>:<\/span><\/strong><\/span>
\n(15c)<\/span><\/span><\/p>\n

1.<\/strong> Criminal procedure<\/em>. A formal criminal charge made by a prosecutor without a grand-jury indictment.<\/strong>\u00a0 See Fed. R. Crim. P. 7<\/a><\/strong>.\u00a0 *\u00a0 The information is used to <\/strong><\/span>prosecute misdemeanors in most states, and about half the states allow its use in felony prosecutions as well.<\/strong> \u2014 aka<\/span> bill of information<\/strong><\/em><\/span>. [1]<\/span>
\n<\/span><\/p>\n

1. An accusation of the commission of a crime, otherwise known as a complaint or affidavit, upon which an accused is brought to trial and prosecuted for a misdemeanor or trivial offense or, if a felony is charged, whether there is probable cause<\/a> for the accusation so that the accused should be held for, or bound ever, to await the action of, the grand jury. 2 Am J2d Crim L \u00a7 441<\/span>.<\/span><\/strong><\/p>\n

In another sense of the term, a written accusation of crime preferred by a public prosecuting officer without the intervention of a grand jury. 27 Am J1st Indict 7<\/span>.
\n<\/span><\/strong>See libel of information<\/em>. [2]
\n<\/span><\/p>\n

1. An accusation of the commission of a <\/span>crime, sworn to by a district attorney or other prosecutor, on the basis of which <\/span>a criminal defendant is brought to trial <\/span>for a misdemeanor and, in some states, for a felony. <\/span><\/strong><\/p>\n

2. In some jurisdictions, <\/span><\/strong>which prosecute felonies only on the basis of indictment by a grand jury, an affidavit alleging probable cause<\/a> to bind the defendant over to await action by the grand jury.<\/strong>
\nSee binding over<\/em>.<\/span><\/p>\n

3. Knowledge of acquired facts.<\/strong> [3]<\/span><\/p>\n

Various Types of Information Pleadings:<\/span><\/strong><\/p>\n

\n

duplicitous information<\/span> –<\/span><\/strong> (1912) An information that charges two or more offenses as one count.<\/strong><\/span><\/span><\/p>\n

substitute information in lieu of indictment<\/span> –<\/strong> (1936) An information that the prosecutor files to take the place of a previously returned indictment, usu. because the indictment is defective or because the prosecutor has added, altered, or deleted facts and allegations.<\/strong><\/span><\/span><\/p>\n

superseding information<\/span> –<\/span><\/strong> (1910) A second or later information that includes additional charges or corrects errors in an earlier one.<\/strong><\/span><\/span><\/p>\n

information and belief<\/span> – A phrase used in the law to limit a declaration (EXAMPLES: a complaint; an allegation) so that it is understood to be made upon information believed to be true as opposed to information known to be true.\u00a0 <\/span>A district attorney swears to an informa<\/span><\/span>tion \u201cupon information and belief.\u201d<\/span> <\/span><\/strong>[3]<\/span><\/p>\n

upon information and belief<\/span> – 1. Qualifying a statement as made, not as a fact, but as believed to be true from information.\u00a0 5 Am J2d Arr \u00a7 14<\/span>.<\/strong> [2]\u00a0 1. A term used by a declarant to indicate that his statement is not intended as a statement of fact, but merely what he believes to be the fact or has been informed is the fact.<\/strong> [3]<\/span><\/p>\n

allegation upon information and belief<\/strong><\/span> – Allegations in an affidavit in the form of statement to the best of the affiant’s information and belief, not as of a certainty.\u00a0 3 Am J2d Affi \u00a7 22<\/span>. <\/strong>[2]<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe Tenth Edition<\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/span><\/strong>with Pronunciations <\/span><\/em>Third Edition<\/span><\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal Assistant Edition<\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

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