The “Information”: How Most Florida Criminal Cases Are Formally Charged

Many people expect a criminal case to begin with an “indictment,” because that is the word they hear on the news and on TV. In Florida state court, most cases are formally charged a different way. After an arrest or an investigation, a prosecutor at the State Attorney’s Office decides whether to file a written charging document called an “information.” The arrest itself does not decide the formal charges. The information does.

This page explains, in general terms, what an information is, how it differs from a grand jury indictment, and what it means when one is filed or not filed. Every case is different. An information is an accusation, not proof, and the person charged is presumed innocent. If you or a friend or family member is waiting on a charging decision, Attorney Ron Frey, who has been practicing law for over two decades, can explain where the case stands and what may come next.

What an Information Is

An information is the formal written charge the prosecutor files with the court. It states that the prosecution is brought in the name and by the authority of the State of Florida, names the person charged and lists each charge as a separate count. Each count must set out the essential facts of the alleged offense and the law the person is accused of violating.

For a felony, the prosecutor signs the information under oath, stating good faith in bringing the case and certifying that sworn testimony has been received from the material witness or witnesses. For a misdemeanor, the prosecutor signs under oath stating good faith. The information becomes the document the case is built around from that point forward.

Information vs. Indictment

Both are formal charging documents, but they come from different places:

• Information: filed by the State Attorney’s Office. No grand jury is involved. This is how most Florida felony and misdemeanor cases are charged.
• Indictment: returned by a grand jury, a group of citizens who hear evidence presented by the prosecutor in a closed proceeding and decide whether to bring charges. In Florida, an indictment is required for an offense that can be punished by death. A grand jury can also indict for other offenses, but most non-capital cases are charged by information.

The federal system is different. Federal felony charges generally come by grand jury indictment unless the person waives it. If agents, not local police, are involved, see our post on what happens after a federal arrest in Florida.

Some misdemeanor and ordinance cases may proceed on a notice to appear or similar paperwork instead of a separate information. A lawyer can explain which applies in a particular case.

From Arrest Paperwork to Formal Charges

In general terms, a Florida case often moves like this:

1. Arrest or notice to appear. The arresting officer writes a sworn arrest report, often called a criminal report affidavit, that lists the arrest charges.
2. First appearance. A judge addresses probable cause, release and bond. See first appearance in Hillsborough and Pinellas.
3. Review by the State Attorney’s Office. A prosecutor reviews the reports, may talk with witnesses and decides what to file. In Hillsborough this is the 13th Circuit State Attorney’s Office; in Pinellas and Pasco it is the 6th Circuit State Attorney’s Office.
4. The filing decision. The prosecutor files an information, seeks an indictment, or declines to file.
5. Arraignment. The court addresses the formal charges and the plea. See what an arraignment is in Florida.

Florida’s rules set time limits for filing formal charges after an arrest, and the consequences of missing them depend on whether the person is in custody. The timing in a particular case should be reviewed with a lawyer. Our post on how long a Florida criminal case takes walks through the stages.

Sometimes the order is reversed. The State may file an information first, after an investigation, and the court then issues an order for the person’s arrest or a summons to appear.

The Information Can Differ From the Arrest Charges

The charges on the arrest paperwork are the officer’s charges. The information reflects the prosecutor’s decision, which can be different. The prosecutor may:

• File the same charges listed at arrest.
• File fewer charges, lesser charges or different charges.
• Add charges based on further investigation.
• Decline to file some or all charges.

That is why the period between the arrest and the filing decision can matter. Where appropriate, a defense lawyer may share information with the prosecutor before charges are filed, such as context, documents or witnesses the police did not have. Whether that makes sense depends on the case, and it should be done only through counsel.

“No Information” and Charges Dropped Later

• No information: the prosecutor decides not to file a charge. People often describe this as the charges being “dropped” before the case really begins.
• Nolle prosequi (often called a “nolle pros”): the prosecutor drops a charge after the information has been filed.

A decision not to file is not final in every situation. Depending on the facts and the law, charges may sometimes be filed later. A lawyer can explain what a no information or nolle pros means in a specific case, including for the arrest record. Some people may also be eligible for diversion programs, such as pretrial intervention in Hillsborough or Pinellas, depending on the charge and history.

After the Information Is Filed

Once an information is filed, the case moves forward in court:

• A copy of the charges. The person charged is entitled to a copy of the information.
• Arraignment. The court addresses the charges and the plea. In many cases a lawyer can file a written plea of not guilty. See arraignment in Hillsborough and Pinellas.
• Discovery. The defense receives the State’s evidence, including police reports and witness lists. See when you get to see the evidence against you.
• Challenges to the information itself. If an information is too vague to allow a defense to be prepared, the defense can ask the court to order a statement of particulars. In some situations the defense may move to dismiss a count. The prosecutor may also amend the information.

Why the Wording of the Information Matters

The information defines what the State has to prove. The specific charge, the facts alleged in each count and the way the charge is described can affect possible defenses, negotiations and potential consequences. A defense lawyer reads it carefully, compares it with the arrest paperwork and the evidence, and looks for gaps or mismatches. Charges with similar names can carry very different consequences, so the exact wording should be reviewed by a lawyer rather than guessed at.

What to Do While You Wait on a Filing Decision

• Keep every court date and follow all release conditions.
• Do not contact the alleged victim or witnesses about the case.
• Do not talk with investigators, post online or discuss the case by text or phone before speaking with a lawyer. See our post on what to do if a detective calls.
• Save documents and the names of people who may have relevant information.
• Do not rely on the internet or an AI chatbot for legal advice about your situation. General information like this page cannot account for the facts of your case, and every situation has to be evaluated case by case under current law.

FAQ

Is an information the same as an indictment?

No. Both are formal charges. An information is filed by the prosecutor. An indictment is returned by a grand jury. Most Florida state cases are charged by information.

When does Florida use a grand jury?

A grand jury indictment is required for offenses that can be punished by death. A grand jury can also consider other cases, but that is less common in Florida state court.

Does being arrested mean an information will be filed?

No. The State Attorney’s Office reviews each case and may file charges, file different charges or decline to file.

What does “no information” mean?

It means the prosecutor decided not to file a charge. Whether that decision could change, and how it affects the arrest record, depends on the case.

Can the information be changed after it is filed?

Yes. The prosecutor may amend it, and charges may be added, reduced or dropped as the case develops.

The time between an arrest and the filing decision can be one of the most important stretches of a case, and it is a good time to have a lawyer involved. Attorney Ron Frey of The Frey Law Firm, LLC has been practicing law for over two decades and represents people facing state and federal charges in Tampa Bay. He will explain where the case stands and what may come next, in plain language.

Call or text (813) 775-2276 for a free, confidential initial consultation by phone, video or in person.