indictment and information are 2 ways in which the accused can be informed of a charge.What is a third way? is it presentment?
Yes, you are correct. Indictment and information are indeed two common ways through which the accused can be informed of a charge. However, the third way is not presentment, but rather a process known as a "complaint."
A complaint is a formal document filed by a law enforcement officer or a private citizen that alleges a specific violation of the law by the accused. It is typically used for less serious offenses, such as misdemeanor charges. Unlike an indictment or information, which are usually issued by a grand jury or a prosecutor, a complaint can be filed directly with the court.
To understand this concept, it's essential to grasp the differences between these three methods:
1. Indictment: This is a formal accusation issued by a grand jury, which is a group of citizens who review evidence presented by a prosecutor. If the grand jury finds sufficient evidence to support the charge, they issue an indictment. Indictments are commonly used in federal cases and for serious felony charges at the state level.
2. Information: This is a charging document prepared and presented by a prosecutor or district attorney without involving a grand jury. The prosecutor reviews the evidence and decides to file an information, which outlines the charges against the accused. Information is typically used for lesser offenses or when the accused waives their right to have their case presented to a grand jury.
3. Complaint: This is a formal written statement made by a law enforcement officer or a private citizen alleging that the accused committed a specific offense. Unlike an indictment or information, a complaint is not issued by a grand jury or a prosecutor but can be directly filed with the court. Complaints are commonly used for misdemeanor charges or to initiate the legal process before formal charges are drawn up.
In summary, while an indictment and information are common ways to inform the accused of a charge, the third method is a complaint for less serious offenses or to initiate legal proceedings at the court level.