{"id":4771,"date":"2017-08-12T00:24:24","date_gmt":"2017-08-12T00:24:24","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=4771"},"modified":"2017-11-29T21:58:15","modified_gmt":"2017-11-29T21:58:15","slug":"rule-7-the-indictment-and-the-information","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=4771","title":{"rendered":"Rule 7. The Indictment and the Information"},"content":{"rendered":"

Federal Rules of Criminal Procedure\u00a0simplified <\/em><\/a>
Title III<\/a>\u00a0\u2013 The Grand Jury, the Indictment, and the Information<\/strong> Rule 7<\/span>\u00a0\u2013 The Indictment and the Information<\/strong><\/span> \u00a0 \u00a0 \u00a0<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0Continued<\/span> from\u00a0<\/span>Rule 6.\u00a0The Grand Jury<\/a>.<\/span><\/strong><\/p>\n

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(a) When Used<\/strong>.<\/span><\/p>\n

(1) Felony<\/em>. An offense (other than criminal contempt) must be prosecuted by an indictment<\/a> if it is punishable:<\/span><\/p>\n

(A) by death; or<\/span><\/p>\n

(B) by imprisonment for more than one year.<\/span><\/p>\n

(2) Misdemeanor<\/em>. An offense punishable by imprisonment for one year or less may be prosecuted in accordance with Rule 58(b)(1).<\/span><\/p>\n

(b) Waiving Indictment<\/strong>. An offense punishable by imprisonment for more than one year may be prosecuted by information if the defendant-in open court and after being advised of the nature of the charge and of the defendant\u2019s rights-waives prosecution by indictment<\/a>.<\/span> (c) Nature and Contents<\/strong>.<\/span><\/p>\n

(1) In General<\/em>. The indictment<\/a> or information must be a plain, concise, and definite written statement of the essential facts constituting the offense charged and must be signed by an attorney for the government.\u00a0 It need not contain a formal introduction or conclusion. A count may incorporate by reference an allegation made in another count.\u00a0 A count may allege that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means.\u00a0 For each count, the indictment<\/a> or information must give the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated. For purposes of an indictment<\/a> referred to in section 3282 of title 18, United States Code, for which the identity of the defendant is unknown, it shall be sufficient for the indictment to describe the defendant as an individual whose name is unknown, but who has a particular DNA profile, as that term is defined in section 3282.<\/span><\/p>\n

(2) Citation Error<\/em>. Unless the defendant was misled and thereby prejudiced, neither an error in a citation nor a citation\u2019s omission is a ground to dismiss the indictment<\/a> or information or to reverse a conviction.<\/span><\/p>\n

(d) Surplusage<\/strong>. Upon the defendant\u2019s motion, the court may strike surplusage from the indictment<\/a> or information.<\/span> (e) Amending an Information<\/strong>. Unless an additional or different offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any time before the verdict or finding.<\/span> (f) Bill of Particulars<\/strong>. The court may direct the government to file a bill of particulars. The defendant may move for a bill of particulars before or within 14 days after arraignment or at a later time if the court permits. The government may amend a bill of particulars subject to such conditions as justice requires.<\/span><\/p>\n

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Next Rule:<\/span><\/strong><\/p>\n

Rule 8.\u00a0Joinder of Offenses or Defendants<\/span><\/strong><\/a><\/span><\/p>\n

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

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Federal Rules of Criminal Procedure (2017):\u00a0\u00a0https:\/\/www.federalrulesofcriminalprocedure.org\/<\/a><\/strong><\/span><\/p>\n

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