• Text Size
• Print
• Email

  From:
  

  To:
  

  Hey! Check out this news page: https://www.thebackgroundinvestigator.com/Articles/What’s-the-Difference-Criminal-Indictments,-Informations,-and-Complaints/3173/index.php.

  SendCancel

Top Stories

What’s the Difference? Criminal Indictments, Informations, and Complaints

January 21, 2026 posted by Steve Brownstein

 

What’s the Difference? Criminal Indictments, Informations, and Complaints

In a criminal case—especially complex white-collar matters—an indictment, an information, and a complaint all serve the same core purpose: they officially initiate the case, inform the defendant of the charges, and ensure the prosecutor has enough evidence to establish probable cause.

However, the path a case takes depends heavily on whether it is in Federal or State court.

1. The Criminal Indictment (The Grand Jury Path)

Under the Fifth Amendment, the federal system requires a felony prosecution to begin with an indictment.

• The Process: A prosecutor presents evidence to a grand jury—a group of citizens who investigate crimes in secret.

• The Result: If the jury finds sufficient cause, they issue an indictment. This acts as a formal "road map" of the criminal charges.

• The Reality: While the Framers intended the grand jury to be a buffer against overzealous prosecutors, it is often a low hurdle. Since prosecutors control all evidence and legal instructions shown to the jury, they almost always obtain the indictments they seek.

2. The Criminal Information (The Judge’s Review)

Like an indictment, an information is a formal charging document. The key difference is that it does not require a grand jury’s vote.

• The Process: The document is presented directly to a judicial officer (usually a magistrate judge) who decides if there is probable cause.

• Usage: In the federal system, this is often used for misdemeanors or when a felony defendant chooses to waive their right to a grand jury—frequently as part of a plea negotiation.

3. The Criminal Complaint (The Starting Line Federal vs. State: A Key Distinctiion)  

A complaint is a sworn statement of facts provided by a law enforcement official.

• The Purpose: It is designed to establish probable cause quickly so an arrest warrant can be issued.

• Temporary Nature: A felony case cannot proceed to trial on a complaint alone. It must eventually be "upgraded" to an indictment or information.

​___________________________________________________________________________________

Federal vs. State: A Key Distinctiion

While these terms are used across the country, it is important to note that the process varies significantly by state.

        The Preliminary Hearing: Unlike the federal system, many states do not require a grand jury. Instead, a defendant often has the right to a Preliminary Hearing.

         Public vs. Secret: While a grand jury is a secret meeting, a Preliminary Hearing is a public proceeding held before a judge. During this hearing, the defense often has the opportunity to see the evidence and cross-examine witnesses before the judge decides if the case (the Information) can move forward.