Legal Definitions - charging instrument

A charging instrument is a formal legal document that officially states a person is accused of committing a crime. Its purpose is to initiate criminal proceedings by clearly outlining the specific charges against an individual. Common forms of a charging instrument include an indictment (typically issued by a grand jury) or an information (filed by a prosecutor).

• Example 1: Grand Jury Indictment for a Felony

  Imagine authorities suspect a person, Mr. Davies, of orchestrating a large-scale financial fraud scheme. After a lengthy investigation, a grand jury reviews the evidence presented by the prosecution. If the grand jury determines there is sufficient probable cause, they will issue an indictment against Mr. Davies, formally accusing him of multiple counts of fraud and money laundering. This indictment serves as the charging instrument, officially bringing the criminal case against Mr. Davies into the court system and requiring him to answer to the charges.

• Example 2: Prosecutor's Information for a Misdemeanor

  Consider a situation where Ms. Chen is arrested for shoplifting after being caught on camera taking items from a store without paying. Following her arrest, the district attorney's office reviews the police report and decides to pursue charges. The prosecutor then files an information with the court, detailing the specific charge of petty theft against Ms. Chen. This information acts as the charging instrument, formally notifying the court and Ms. Chen of the accusation and beginning the legal process for her misdemeanor case.