Legal Definitions - information

The term information has several distinct meanings in a legal context, beyond its common everyday usage of general facts or knowledge.

1. Formal Criminal Charge

In criminal law, an information is a formal written accusation filed by a prosecutor with a court, initiating criminal proceedings against an individual or entity. It details the specific crimes the defendant is alleged to have committed. This document serves a similar purpose to a grand jury indictment but is issued directly by the prosecutor without the involvement of a grand jury.

• Example 1: Misdemeanor Theft

  After police investigate a series of shoplifting incidents at a local store, the district attorney reviews the evidence. Concluding there is sufficient probable cause, the prosecutor files an information against the identified suspect, formally charging them with misdemeanor theft. This document then triggers the suspect's first court appearance, such as an arraignment.

  Explanation: Here, the information is the official legal document that formally accuses the individual of a crime, allowing the court process to begin without a grand jury's review.

• Example 2: Corporate Environmental Violations

  A state environmental protection agency uncovers evidence that a manufacturing company has been illegally dumping waste into a river. The state prosecutor, after reviewing the agency's findings, decides to file an information directly with the court, charging the corporation with multiple felony environmental violations. This approach is used in jurisdictions where prosecutors can initiate felony charges without a grand jury.

  Explanation: This illustrates how an information can be used to bring serious charges, even against a corporate entity, by the prosecutor's direct action rather than through a grand jury.

• Example 3: Post-Preliminary Hearing Felony Charge

  A defendant is arrested for aggravated assault. Following a preliminary hearing, where a judge determines there is probable cause to believe a felony was committed and the defendant committed it, the prosecutor then files an information. This formalizes the felony charge, allowing the case to proceed towards trial.

  Explanation: In this scenario, the information is the formal charging document that follows an initial judicial review (preliminary hearing), solidifying the charges against the defendant for trial.

2. Confidential Information (Attorney-Client Privilege)

In the context of legal ethics and privilege, information refers to facts, details, or communications shared by a client with their attorney, or acquired by the attorney during the course of representation, that are protected from disclosure. This protection, known as attorney-client privilege, ensures that clients can speak openly with their lawyers without fear that their statements will be revealed to others.

• Example 1: Client's Past Actions

  During a confidential meeting, a client seeking advice on a business dispute reveals to their attorney that they previously failed to disclose a significant financial liability in a separate, unrelated transaction. This sensitive detail, shared in confidence, constitutes protected information under attorney-client privilege.

  Explanation: The client's disclosure to their attorney, even if potentially damaging, is confidential information and cannot be revealed by the attorney without the client's consent, upholding the privilege.

• Example 2: Attorney's Investigation Findings

  An attorney representing a client in a personal injury case conducts an independent investigation and uncovers a detail about the client's medical history that, while not directly relevant to the current injury, could be embarrassing if publicly known. This fact, learned by the attorney during the representation, is considered confidential information.

  Explanation: Even if the client didn't explicitly state it, the attorney's discovery of sensitive facts related to the client's affairs during the representation falls under the umbrella of confidential information.

3. General Facts or Knowledge in a Legal Context

More broadly, and similar to its everyday meaning, information in a legal setting refers to any data, facts, evidence, or knowledge that is relevant to a legal case, investigation, or proceeding.

• Example 1: Discovery in a Civil Lawsuit

  In a breach of contract lawsuit, both parties engage in the discovery process, exchanging various forms of information, including emails, financial records, witness statements, and expert reports, to prepare for trial.

  Explanation: Here, information refers to all the factual data and evidence that the parties gather and share to build their respective cases.

• Example 2: Police Investigation

  Detectives investigating a burglary gather information from multiple sources: interviewing witnesses, reviewing security camera footage, analyzing forensic evidence from the crime scene, and checking databases for similar past incidents.

  Explanation: In this context, information encompasses all the collected data and facts that help law enforcement understand the crime and identify suspects.