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The Spodek Law Group – we’re a second-generation firm with over 40 years combined experience. Todd Spodek, he’s been defending federal cases for decades. We’re seeing prosecutors play these charging games daily. Daily!
So your probably thinking – thinking real hard – that an indictment and an information are basically the same thing. Both charging you with federal crimes. Or maybe your convinced one is somehow better than the other for defendants. Worse – you believe getting charged by information means you cleverly avoided the grand jury nightmare. Got a better deal.
Wrong. Dead wrong.
Maybe you think prosecutors are randomly choosing between them. Maybe your hoping – praying really – that an information is less serious than an indictment. Maybe you believe there must be major legal differences affecting your case outcome.
Look. Let me tell you something.
Your desperately trying to understand why there are two ways prosecutors can destroy your life with federal charges. The prosecutors, they’re circling. Like sharks. Smelling blood.
But heres the SHOCKING truth – and it is shocking, truly shocking – while an indictment comes from a grand jury and an information comes directly from prosecutors, BOTH are equally devastating federal charges. Equally. Devastating. The main difference? Information requires you to WAIVE your constitutional right to grand jury review according to Federal Rule of Criminal Procedure 7!
You heard that right. WAIVE. Your rights. Voluntarily.
The fundamental difference? WHO is filing the charges. HOW they’re getting filed.
An indictment – that’s requiring a grand jury. That group of 16-23 citizens. They’re voting, finding probable cause, with at least 12 agreeing your guilty enough to charge. Twelve people. Deciding your fate.
An information? Different beast entirely.
Prosecutors are skipping the grand jury entirely – they’re filing it directly with the court. No citizen review. None. Zero. Sounds like the information is being easier for prosecutors, right?
Because it IS. Way easier.
But heres the catch – the catch that should be terrifying you – you can only be getting charged by information if YOU AGREE TO IT. You. Agreeing. To your own destruction.
The Fifth Amendment to the Constitution is requiring grand jury indictment for all federal felonies. All of them. The only way prosecutors are skipping that requirement? If you voluntarily waive your right to grand jury review. Your literally giving up – handing over – constitutional protection. Just to let prosecutors charge you more easily. Make there job simpler.
Why would anyone – anyone with half a brain – do this?
Because prosecutors, they’re making it seem like a favor. A gift, even. They’ll be saying “we can do this the easy way with an information, or the hard way with a grand jury.” Sweet talking you. They’ll be implying the grand jury will add more charges. Pile ’em on. They’ll be suggesting cooperation through information waiver is showing good faith. Good faith! What a joke. They’ll be pressuring your lawyer – your own lawyer! – about “streamlining” the process.
Its manipulation. Pure manipulation. Disguised as efficiency.
The practical difference? Stark. Completely stark.
With an indictment, at least prosecutors are having to present some evidence to somebody besides themselves. Somebody. Anybody. Sure, grand juries are indicting 99% of the time – rubber stamping everything – but there’s still a process. Still witnesses testifying. Documents being presented. Some semblance of review.
With information? Prosecutors just type up charges. File them. Done.
No presentation needed. No witnesses required. No citizen oversight. Whatsoever. Nothing.
Whether your under indictment or information – doesn’t matter which – the devastating reality is being identical. Your formally charged. Federal crimes. Prison time is staring you in the face.
The charging document? Might be having different names. But consequences? Same. Identical. Devastating.
Your now a federal criminal defendant. That’s what you are. Your life? About to be turned upside down. Shaken. Destroyed. Regardless of which paper was the one starting it.
Being under indictment – that’s meaning a grand jury voted to charge you. After prosecutors are presenting there one-sided case. Secret proceedings. Behind closed doors. You weren’t there. Couldn’t defend yourself.
Being under information? Different path, same destination. You waived your right – waived it! – to that grand jury. Prosecutors are filing charges directly. Straight shot. Either way, your facing the full weight – the crushing weight – of federal prosecution. 95% conviction rates. Ninety-five percent!
The legal system? Treats them identically once filed. Identically!
Judges? They’re not caring whether you were indicted or charged by information. Not one bit. Probation officers? Not distinguishing between them. Employers running background checks – they’re seeing federal charges either way. Either way!
Immigration consequences? Identical. Your security clearance? Equally destroyed. Toast. Gone.
Our attorneys are seeing this myth – this dangerous myth – that information is somehow “lighter” than indictment. That’s exactly what it is. A myth. A lie prosecutors are using to get waivers.
Once your charged? Nobody’s asking. Nobody’s caring. Was it indictment? Information? Doesn’t matter. Your facing the same prosecutors – the same vultures. Same judges. Same sentencing guidelines that are crushing defendants. Same prison system.
Our attorneys know the truth. Both are equally devastating.
When prosecutors are filing an information – filing it right quick – it’s meaning they’re formally charging you with federal crimes WITHOUT going through a grand jury, without it, and here’s what they’re not emphasizing – won’t tell you straight – this can only be happening because you AGREED to it, you agreed, usually as part of plea negotiations when your scared, terrified, when the weight of federal prosecution is crushing down on you, when your lawyer – your own lawyer who’s supposed to be protecting you – probably was the one telling you this was strategic, strategic they said, but lets be examining what really happened, what really went down in those closed-door meetings.
Filing an information is requiring your written waiver, written on paper forever, and you literally sign – put pen to paper – signing a document saying “I give up my Fifth Amendment right to grand jury indictment,” those exact words basically, and prosecutors are loving this, LOVING it, because it’s saving them time, eliminating even the minimal risk – tiny tiny risk – of grand jury problems, and they’re getting to charge you faster with less work and more convictions, and our attorneys have watched this game a thousand times, watched prosecutors sweet-talk defendants into waiving rights they don’t even understand.
The information contains the same elements as an indictment – formal charges, factual allegations, statutory citations – but the only difference is the signature, where an indictment is signed by the grand jury foreperson after citizen review, an information is signed only by the prosecutor, think about that – your freedom is hinging on charges approved by nobody except the person who’s trying to convict you, the same person who gets promoted based on conviction rates, the same person who’s been building this case against you for months.
Courts are treating filed information exactly like indictments for all procedural purposes, triggering the same arrest procedures, requiring the same arraignment timeline, starting the same legal process, but psychologically – and this is what they’re counting on – filing by information means you’ve already started cooperating with prosecutors by waiving rights, they’re seeing you as someone willing to deal, someone who’s already given up constitutional protections, and they’ll be exploiting that weakness, pushing for more waivers, more cooperation, more guilty pleas, because once you’ve waived one right, they know you’ll waive others.
“Plea by information” – that’s prosecutor-speak. There favorite scenario. Absolute favorite.
You’re waiving grand jury rights AND agreeing to plead guilty. Both! All in one convenient package. Wrapped up nice and neat. Its the fast-track – the express lane – to conviction. Bypassing every procedural protection you have. Every. Single. One.
Prosecutors? They’re presenting this as a great deal. “Great deal,” they say. But its really about there convenience. There statistics. Your quick conviction.
This is usually happening during plea negotiations. When your vulnerable. When prosecutors are saying something like “if your going to plead anyway, why waste time with a grand jury?” Smooth talkers. They’re making it sound logical. Efficient. Mutually beneficial even!
What there really doing? Let me tell you what there really doing.
They’re eliminating any chance – however remote, however tiny – the grand jury might not indict. And they’re locking you into a guilty plea. Simultaneously. Same time. Double whammy. Our attorneys see right through this tactic.
The process works like this: You waive indictment, prosecutors file information with agreed-upon charges, you plead guilty at arraignment, case closed. What might have taken months through normal indictment procedures takes weeks. Prosecutors get there conviction statistics, you get processed quickly into the federal conviction pipeline.
The danger is you’re making multiple irreversible decisions under pressure. Your waiving constitutional rights, accepting specific charges, and pleading guilty – all based on prosecutor promises that aren’t always binding. Once you sign that waiver and enter that plea, there’s rarely any going back. The efficiency prosecutors tout is really efficiency at convicting you.
Legally speaking, once filed, there’s NO practical difference between an indictment and information in terms of consequences. Both are formal federal charges requiring identical court proceedings. But the PROCESS differences reveal why prosecutors push for information when they can get it – its entirely under there control.
With indictments, prosecutors must schedule grand jury time, prepare presentations, call witnesses, and risk (however minimally) that grand jurors might ask uncomfortable questions. With information, they skip ALL of that. They draft charges at there desk and file them whenever convenient. No witnesses to coordinate. No evidence to present. No citizens to convince.
The strategic implications are huge. Information typically signals plea negotiations are happening. If your lawyer is discussing waiving indictment for information, there probably negotiating your guilty plea already. Prosecutors don’t usually offer information unless they expect cooperation. Its a sign your defense has shifted from fighting to negotiating surrender terms.
The psychological difference matters too. Defendants charged by information often feel they participated in there own charging by waiving rights. This creates subtle pressure to continue cooperating through guilty pleas. You’ve already said yes once; prosecutors expect you to keep saying yes.
While federal law REQUIRES grand jury indictment for felonies (unless waived), state laws vary wildly. About half the states require grand jury indictment for serious felonies. The other half allow prosecutors to file information directly without any waiver needed. Some states use “complaints” or other charging documents entirely.
In Texas – big Texas – all felonies are requiring grand jury indictment. Unless waived. Unless you give it up.
California? Different story entirely. Prosecutors are choosing – picking and choosing! – between grand jury indictment or preliminary hearing followed by information. Options. They’ve got options.
Florida? Oh, Florida. Prosecutors are filing information directly for most cases. Most! Using grand juries only when it’s advantageous. When it helps them. The patchwork – this crazy quilt – of state procedures is making federal requirements look consistent. Look organized.
Our attorneys have handled cases in all these jurisdictions. We’ve seen how prosecutors game each system. Remember Anna Delvey? That was New York state grand jury. Different beast. But same prosecutor games.
But here’s what’s consistent everywhere – prosecutors choose the method that gives them maximum advantage. In states where they have options, they pick based on strategic considerations. Weak case? Maybe try grand jury for secrecy. Strong case? File information quickly. Political case? Grand jury provides cover. The choice is always about prosecutorial advantage, never defendant protection.
State information procedures often provide MORE defendant rights than federal. Many states require preliminary hearings before information, where judges review probable cause with defense participation. That’s more protection than federal defendants get when waiving grand jury for information. Federal waivers eliminate ALL review except the prosecutor’s own decision.
Once a grand jury indicts you, that indictment stands – it can’t be converted to an information. The grand jury has spoken (however controlled by prosecutors they were), and that process can’t be undone. But prosecutors have other tricks. They can dismiss the indictment and refile as information IF you waive your rights, usually as part of plea negotiations.
Going the other direction – information to indictment – is even more interesting. If you were charged by information but then decide to fight instead of plead, prosecutors can dismiss the information and seek indictment instead. You can’t “unwaive” your grand jury rights, but prosecutors can choose to seek indictment anyway, especially if plea negotiations collapse.
This flexibility gives prosecutors enormous leverage. They’ll threaten to dismiss information and seek indictment with additional charges if you don’t plead quickly. Or they’ll offer to dismiss a harsh indictment and refile as information with fewer charges if you cooperate. The charging document becomes another tool for manipulation.
The timing games are brutal. Prosecutors might indict you, let you stew for months spending money on lawyers, then offer to dismiss and refile as information with a plea deal. Or they’ll file information with a tight deadline – “plead by Friday or we’re dismissing this and going to grand jury for MORE charges.” Your constantly squeezed between document types.
Call us RIGHT NOW at 212-300-5196
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The bottom line? Here’s the bottom line.
Indictments are coming from grand juries. Informations are coming from prosecutors. But BOTH – listen carefully – BOTH are equally serious federal charges. Identical consequences! The same prison time. Same devastation.
The key difference? Information is requiring YOU to waive constitutional rights. You. Waiving. Your own protection. Usually during plea negotiations when your scared out of your mind.
Prosecutors? They’re pushing information. Pushing hard. Why? Because it’s giving them complete control. Total control. Without even minimal – not even minimal! – grand jury oversight. Nothing watching them.
Whether your facing indictment or being pressured – strong-armed really – to accept information, the result is the same. Federal charges. 95% conviction rates. Your life turned upside down.
Don’t be fooled. Don’t let them fool you with prosecutor games about one being “better” than the other. There playing you. Manipulating you.
Our attorneys know every trick. Every game. Every pressure tactic.
Call us IMMEDIATELY – right now! – we understand both charging methods. Both! Our attorneys can protect you from prosecutors who are using the indictment/information choice as just another pressure tactic. Another way to squeeze you. Another tool in there arsenal of destruction!
This is attorney advertising. Prior results dont guarantee similar outcomes. Both indictments and informations are serious federal charges.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS