In criminal law, an information is a formal accusation filed by a prosecutor that charges a person with a crime and starts criminal proceedings. It serves a role similar to an indictment, but it is filed by the prosecutor rather than returned by a grand jury.

Depending on the jurisdiction and the offense, an information may be used for misdemeanors or, in some circumstances, as an alternative to an Indictment.

Information Explained

Cornell Wex explains that, in criminal law, an information is a formal accusation filed by a prosecutor that outlines the alleged offenses and initiates criminal proceedings. The Department of Justice glossary gives the narrower working example that an information is a formal accusation by a government attorney that the defendant committed a misdemeanor.

The Term Information in Different Legal Contexts

The criminal-law meaning of information is specialized and should not be confused with the ordinary meaning of data or knowledge. In procedure, the term refers to a charging document, and the exact rules for using it depend on the jurisdiction and the seriousness of the offense.

In some systems, an information can be used after a preliminary hearing or in cases where grand-jury indictment is not required. Its procedural role is therefore tied to local constitutional and statutory rules.

Common Misconceptions About the Meaning of Information

A common misconception is that information in a legal glossary always means generic facts or data. In criminal procedure, it can mean a formal charging document with a specific legal function.

Another misconception is that an information and an indictment are identical. Both are charging instruments, but they are issued through different processes.