Published on 12/11/2023, 3:43:00 PM

Indictment vs Criminal Information in Maryland

Maryland prosecutors use two ways to formally charge a crime: an indictment and a criminal information. The difference comes down to whether a grand jury is involved. At FrizWoods, we explain what each one means for your case.

If you have already been charged and need representation, start with our main Maryland criminal defense lawyer page. This article is background on how charges get filed.

Understanding Indictment in Maryland

An indictment is a formal charge issued by a grand jury, indicating that there is enough evidence for the case to go to trial in the Circuit Court for the county where the charges are. This process involves:

• Grand Jury Review: A group of citizens called a grand jury reviews the evidence presented by the prosecutor.
• Secrecy and Deliberation: The grand jury’s proceedings are secret, and they deliberate to decide whether there is probable cause to believe a crime has been committed.

The Role of Grand Jury

The grand jury decides whether there is enough evidence to charge someone with a felony outside the District Court’s jurisdiction. The system is meant to protect people from unwarranted prosecution, but it draws longstanding criticism. Judge Sol Wachtler once said a grand jury “would indict a ham sandwich, if that’s what you wanted.” That same judge was later arrested and sent to prison.

Criminal Information in Maryland

Criminal information is another method of charging an individual, but it does not involve a grand jury. Instead, it is a formal accusation filed directly by the State’s Attorney. These charges can be filed in either the District Court or the Circuit Court, depending on the type of charges. This process includes:

• Direct Filing by State’s Attorney: The State’s Attorney files the charges based on probable cause.
• No Grand Jury Involvement: Unlike an indictment, criminal information does not require the convening of a grand jury.

When is Criminal Information Used?

Criminal information is typically used for misdemeanors or lesser offenses, though it can be employed in felony cases under certain circumstances, if a preliminary hearing was already held and the Court found probable cause for the felonies that a Defendant was charged with.

Differences Between Indictment and Criminal Information

The differences between indictment and criminal information shape how your case moves:

Process and Authority

• Indictment: Initiated by a grand jury based on evidence presented by the prosecution.
• Criminal Information: Directly filed by the State’s Attorney without the involvement of a grand jury.

Types of Cases

• Indictment: Generally used for more serious offenses, such as felonies in Circuit court.
• Criminal Information: Often employed for misdemeanors or lesser offenses, though it can be used in felony cases under specific circumstances. A criminal information can be filed in either District Court or Circuit Court

Rights and Protections

• Indictment: Offers a layer of protection for the accused, as a group of peers reviews the evidence before charges are filed.
• Criminal Information: Streamlines the charging process but lacks the preliminary review by a grand jury.

Implications in the Maryland Legal System

In Maryland, the charging method can change the course of a case. It affects the trial process, plea negotiations, and your defense strategy.

Strategic Considerations for Defense

At FrizWoods, we understand how these differences can shape legal strategies. Whether you’re facing charges via indictment or criminal information, our team is equipped to provide the most effective defense approach.

Frequently Asked Questions

1. Can charges via criminal information be elevated to an indictment?
   Yes, charges initially filed through criminal information can later be presented to a grand jury for indictment, especially if the case’s complexity or severity increases.

2. Does an indictment guarantee a trial?
   No, an indictment is just the first step in the legal process. It does not guarantee that the case will go to trial as plea deals or dismissals might occur.

3. How can FrizWoods assist in cases of indictment or criminal information?
   Our legal team at FrizWoods specializes in handling both indictment and criminal information cases. We provide comprehensive legal support, from strategic defense planning to representation in court.

Speak with a lawyer today

The difference between indictment and criminal information matters for anyone facing charges in Maryland. If you or a loved one is charged, get experienced legal counsel. Visit our reviews page to see how we’ve helped others. Contact FrizWoods today to protect your rights. You can also learn more about working with a Maryland criminal lawyer across the state.