An Information charges a felony when a defendant waives the right to indictment in non-capital cases.

A quick scene, a sharp contrast, and a charging document with a quiet but mighty role in the courtroom. That’s the doorway through which an Information enters the case file. If you’re navigating the kinds of charging documents that pop up in federal or state court, you’ll want to know when an Information is used and why it matters. Here’s the thing: an Information is most common in non-capital felonies when the defendant has waived the right to an indictment. Let’s unpack what that means and how it plays out in real life.

What exactly is an Information?

Think of an Information as a formal notice from the prosecutor that charges a person with a crime. It’s a written document filed with the court that lays out the essential facts the government plans to prove and the legal theory supporting the charge. The punchline is simple: it gives the court enough to proceed to the next step, usually an arraignment, without needing a grand jury’s formal consideration.

How is it different from an indictment?

An indictment is a charge handed up by a grand jury. In many serious cases, the Sixth Amendment’s grand jury requirement is what triggers an indictment. The idea is that a group of peers takes a preliminary look at whether there’s enough evidence to justify moving forward. An Information, by contrast, comes straight from the prosecutor and is filed with a judge after a waiver of the grand jury right or in situations where an indictment isn’t required for other reasons.

The big distinction you’ll see in exams and real cases is this: the Information is most at home in non-capital felonies, and it hinges on a waiver of the indictment right. Capital offenses—things that would expose someone to the most serious penalties—usually demand an indictment by a grand jury, unless there’s a clear waiver. In many jurisdictions, a defendant can choose to bypass the grand jury process by accepting an Information, and the case moves forward more quickly.

Grand jury vs. Information: a quick contrast

• Grand jury indictment: A formal charge initiated by a group of citizens (the grand jury) after hearing from the prosecutor and witnesses. It’s a protective, typically slower process used for serious offenses.

• Information: A prosecutor-drafted charging document filed with a judge. It’s used when the defendant agrees to waive the grand jury process, usually in non-capital felonies, to speed things up and simplify procedures.

Why would a defendant waive the right to indictment?

Waiver isn’t about dodging responsibility; it’s about choosing a path that both sides can accept for practical reasons. Here are a few reasons people and their lawyers might choose waiver:

• Speed and efficiency: Skipping the grand jury can shorten the time to arraignment and the start of the case, which some clients prefer.

• Predictability: An Information lays out concrete charges up front, which can streamline negotiations and plea discussions.

• Privacy and secrecy: Some defendants prefer to avoid the secretive nature of grand jury proceedings.

• Strategic considerations: In certain cases, the defense may believe an Information presents a clearer, more focused charging framework.

Of course, the waiver is a legal step. It isn’t something a defendant does lightly and it must be done knowingly and voluntarily. Courts scrutinize waiver to ensure there’s real understanding of what it means: the defendant is opting out of a grand jury process that could otherwise shield or shape the charges.

What does an Information contain?

An Information isn’t a laundry list of every fact the government intends to prove. Rather, it includes:

• The charged offense or offenses.

• A concise account of the essential facts that establish the legal basis for the charge.

• The statute or legal theory under which the defendant is charged.

• The time and place elements, when relevant (for example, when the crime occurred and where).

The idea is to give the court enough to proceed with a formal step—typically arraignment—while leaving room for the defense to respond and challenge. It’s a focused document, not a full-blown narrative of the entire case.

What this means in practice

In many jurisdictions, you’ll see a two-track approach to charging:

• With an indictment: The grand jury weighs evidence and returns an indictment if there’s probable cause.

• With an Information: The defendant waives the right to indictment, and the prosecutor files an Information directly with the court.

For students studying the material you’ll find in FLETC-related coursework, you’ll notice how these instruments reflect the balance between rights and efficiency. The right to a grand jury indictment is a vital safeguard, but the system also recognizes that a capable defendant and a capable prosecutor can choose a different route that still respects due process.

A glance at the Sixth Amendment’s role

The Sixth Amendment guarantees a fair process and, in many contexts, the right to an indictment by a grand jury for serious crimes. But there’s room for flexibility. If a defendant knowingly waives the indictment, authorities can proceed using an Information for a non-capital felony. The waiver is not a loophole; it’s a deliberate choice within the boundaries of the law. In practice, this means the legal landscape isn’t frozen in one mode. It allows prosecutors and defendants to tailor the path that best fits the case’s facts and the parties’ preferences.

What to expect procedurally when an Information is used

• Filing: The Information is filed with the court; it acts as the charging instrument.

• Arraignment: The defendant appears, is informed of the charges, and enters a plea. The court may set conditions for release, address bail, and schedule future steps.

• Pretrial activity: Once charged by Information, the case proceeds through the usual pretrial motions, discovery, and potential plea negotiations.

• Trial path: If no plea resolves the matter, the case proceeds to trial with the Information as the basis for the charges.

Tip for learners in FLETC material: focus on the contrasts

• Indictment requires a grand jury, usually for capital offenses or serious felonies.

• Information is used when the defendant waives indictment in non-capital cases.

• The Information contains essential facts and the legal theory; the grand jury’s broader role is bypassed by waiver.

A small real-world flavor

Imagine a non-capital felony case—let’s say a serious drug-related felony where the parties are looking to move efficiently. The defendant signs a waiver of indictment after discussing the options with counsel. The prosecutor then files an Information outlining the charged offense and the supporting facts. The court accepts the waiver, and the case proceeds to arraignment on the Information. If a plea is negotiated, the matter might resolve sooner; if not, the case advances to the usual pretrial and trial phases with the Information as the foundation of the charges.

The educational takeaway for FLETC learners

• Know the vocabulary: Information, indictment, grand jury, waiver, capital offense, non-capital felony, arraignment.

• Understand the interplay between rights and efficiency: The grand jury right exists to protect the accused, but a valid waiver allows a streamlined path.

• Recognize when to apply each instrument: Capital offenses typically require indictment; non-capital felonies can proceed by Information if there’s a waiver.

• Be able to explain the rationale: The system seeks to balance due process with practical administration of justice. Waivers aren’t a shortcut; they’re a negotiated choice that reflects the specifics of a case.

A few practical takeaways you can keep in mind

• The Information is a charging document used primarily in non-capital felonies when the defendant waives indictment.

• The Sixth Amendment provides the right to indictment by a grand jury for serious offenses, but waiver can change the charging method.

• In federal procedure, Rule 7 governs the use of Informations and indictments; the exact approach can vary by jurisdiction, but the core idea stays consistent: a waiver permits Information charging for non-capital felonies.

• If you see a scenario where charges appear to be moving quickly in a serious case, ask yourself whether a waiver might be in play. That’s often a signal of an Information-based path.

In closing

Criminal cases aren’t built on one rigid path. The system allows for a little flexibility, guided by constitutional protections and practical realities. An Information is a precise tool in the prosecutor’s kit, used when the defendant has chosen to give up the grand jury route in non-capital felonies. It’s a nod to efficiency without surrendering fairness—a reminder that law isn’t just a set of rules, but a process that adapts to the human dimension at the heart of every case.

If you’re exploring the material that surfaces in FLETC-related courses, keep this distinction handy. It’s one of those concepts that shows up in questions, in case summaries, and in the ink-and-paper details that stay with you long after the page is turned. And if you ever find yourself explaining it to someone else, you’ll be glad you can do it with clarity and a touch of practical insight.