Legal Definitions - substitute information in lieu of indictment

The term substitute information in lieu of indictment refers to a legal procedure where a prosecutor formally charges an individual with a crime using a document called an "information," instead of waiting for a grand jury to issue an "indictment."

In many legal systems, particularly for serious felony charges, a grand jury indictment is typically required to formally accuse someone of a crime and move the case toward trial. An indictment is a formal accusation issued by a grand jury, which reviews evidence presented by the prosecutor to determine if there is probable cause to believe a crime has been committed and that the accused committed it.

However, under certain circumstances, an information can be used instead. An information is a formal accusation filed directly by a prosecutor, without the involvement of a grand jury. This substitution can occur in a few ways:

• The defendant may choose to waive their right to a grand jury review, often to expedite the legal process, especially if they intend to plead guilty or reach a plea agreement.
• In some jurisdictions, the law permits certain types of crimes, often less severe felonies or misdemeanors, to be initiated directly by a prosecutor's information, sometimes after a preliminary hearing where a judge determines probable cause.

Essentially, when an "information" is used "in lieu of" (meaning "instead of") an "indictment," it means the formal charging document that initiates the criminal prosecution comes directly from the prosecutor rather than from a grand jury.

Examples:

• Example 1: Expedited Plea Agreement

  A person is arrested for felony embezzlement. They wish to cooperate with the prosecution and enter a guilty plea quickly to receive a more lenient sentence. To avoid the time and resources involved in convening a grand jury to issue an indictment, the defendant, with their attorney's advice, agrees to waive their right to a grand jury. The prosecutor then files an information formally charging them with embezzlement, allowing the case to move directly to plea negotiations and sentencing.

  This illustrates the term because the prosecutor's "information" is being used as a direct replacement for the grand jury "indictment," with the defendant's consent, to expedite the legal process toward a resolution.

• Example 2: Jurisdictional Practice for Certain Felonies

  In a particular state, the law specifies that all felony drug possession cases, unless they involve a capital offense, can be initiated by a prosecutor's information after a preliminary hearing, rather than requiring a grand jury indictment. A suspect is arrested for felony possession of a controlled substance. After a judge determines there is sufficient probable cause at a preliminary hearing, the prosecutor files an information to formally charge the individual and move the case forward to trial.

  Here, the "information" serves as a substitute for an "indictment" because the jurisdiction's legal framework permits certain types of felony cases to bypass the grand jury process entirely, relying instead on the prosecutor's formal charge after a judicial probable cause determination.

• Example 3: Avoiding Delays for Incarcerated Defendants

  A defendant is accused of felony assault and is being held in jail awaiting trial. To prevent further delays in their detention and to move the case towards resolution, the defendant's attorney and the prosecutor agree that the case can proceed without a grand jury indictment. The prosecutor then files a formal information detailing the charges, which allows the court to schedule an arraignment and subsequent proceedings without the need for a grand jury's involvement, thereby potentially shortening the defendant's time in pre-trial custody.

  This scenario demonstrates the concept as the "information" is used "in lieu of" an "indictment" to accelerate the judicial process, particularly when a defendant is in custody and both parties wish to avoid the additional time a grand jury proceeding would entail.