A written instrument presented to a court by an attorney for the State charging a person with an offense — used to charge misdemeanors and felonies where indictment has been waived An information is the State's charging instrument; in Texas it is used for misdemeanor prosecutions in county-level courts (with a complaint as predicate) and for felonies upon waiver of indictment.

Code of Criminal Procedure · Art. 21.20

Procedure

Procedure is covered under Art. 21.20 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Filed by prosecutor; Charges misdemeanor (with complaint as predicate); Or charges felony where indictment is waived.

Elements you must prove

Filed by prosecutor
Charges misdemeanor (with complaint as predicate)
Or charges felony where indictment is waived

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Worked examples

Worked example 1

An 'information' is:

A grand jury document
A written instrument presented to a court by an attorney for the State charging a person with an offense — used to charge misdemeanors and felonies where indictment has been waived Correct
A police report
An evidence list

Why: An information is the State's charging instrument; in Texas it is used for misdemeanor prosecutions in county-level courts (with a complaint as predicate) and for felonies upon waiver of indictment.

Statute: Tex. Code Crim. Proc. art. 21.20

Statutory definitions for this topic

Information Tex. Code Crim. Proc. art. 21.20: A written instrument presented to a court by an attorney for the State charging a person with an offense. Used for misdemeanor prosecutions and felony cases where indictment is waived.