A criminal charge is charged formally by an Indictment or an Information. All felony charges in federal court require an indictment.

 

To get an Indictment, the federal prosecutor presents evidence to a Grand Jury. The Grand Jury determines whether there is probable cause to believe that the accused has committed a federal crime, and if so it issues an Indictment outlining the charges. The Grand Jury proceedings are secret – the accused does not have a right to listen in on the proceedings, present witnesses, or cross-examine the witnesses presented to the Grand Jury by the prosecutor. These proceedings are handled by the prosecutor and the only thing being decided by the Grand Jury is whether there is probable cause to charge the person with a federal crime.

 

If the Grand Jury finds that there is probable cause to charge the person, then it issues an Indictment in the case, and the case will be randomly assigned to a district court judge.

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A client may choose to give up the right to be indicted by a Grand Jury. If that happens, the charge will be brought in a document signed by the Assistant United States Attorney called an Information. An Information is also the document that is used to charge federal misdemeanors.