Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.140 · Source: Florida Legislature
Understanding Felony Information in Florida
In Florida, a Felony Information is the formal charging document prepared and filed by the State Attorney’s Office to initiate a felony prosecution in the circuit court. Under the Florida Constitution and the Florida Rules of Criminal Procedure, the state does not require a grand jury indictment for most felony offenses; an indictment is only mandatory for capital crimes punishable by death. For all other felonies—ranging from third-degree offenses to life felonies—the state attorney acts as a one-person grand jury, reviewing the police arrest reports, witness statements, and physical evidence to determine which formal charges are legally supported.
The filing of an Information marks a critical transition in a Florida criminal case, moving the matter from an initial arrest based on a police officer's probable cause affidavit to an active prosecution directed by the state. This document must state the essential facts constituting the offense, cite the specific Florida Statutes violated, and declare that the prosecution is brought in good faith. Under Florida Rule of Criminal Procedure 3.140, the state attorney or a designated assistant state attorney must sign the Information under oath, certifying that they have received testimony under oath from material witnesses or that the charges are based on facts that would be admissible at trial.
How a Felony Information Impacts Bail and Pretrial Release
The filing of a Felony Information directly influences pretrial release because it establishes the official parameters of the defendant's bond. Under Florida Rule of Criminal Procedure 3.133, if the state fails to file an Information within 30 days of arrest, the defendant may be entitled to an automatic release on their own recognizance or a significant bond reduction. Conversely, once the Information is filed, it locks in the formal charges, which may differ from the initial arrest charges. If the state files an Information with more severe charges than those at arrest, the prosecutor may move to increase the bail amount or revoke pretrial release entirely.