Category: Court Process · Statute: Florida Rule of Criminal Procedure 3.140 · Source: Florida Legislature
Understanding Information (Charging Document) in Florida
In Florida, an "Information" is the official charging document filed by the State Attorney’s Office that formally initiates a criminal prosecution in state court. While an arrest is often based on a police officer's probable cause affidavit, the state prosecutor has the sole authority to decide whether to file a formal Information. Under the Florida Rules of Criminal Procedure, this document must clearly state the defendant's identity, the specific offenses charged, the Florida Statutes allegedly violated, and the essential facts constituting the offense. It is signed under oath by an assistant state attorney, certifying that the charges are based on facts that have been sworn to as true.
The Information serves as the standard mechanism for prosecuting non-capital felonies and misdemeanors in Florida, distinguishing it from a grand jury indictment. While the Florida Constitution requires a grand jury indictment for capital crimes punishable by death, prosecutors utilize the Information for all other offenses to streamline the judicial process. Once filed with the clerk of court, the Information replaces the initial arrest report as the operative legal document defining the scope of the state's case, and it dictates the specific charges the defendant must answer to at arraignment.
How the Information Affects Florida Bail
The filing of an Information directly impacts a defendant's pretrial release status and bail conditions. Under Florida Rule of Criminal Procedure 3.134, if the State Attorney fails to file a formal Information or indictment within 30 days of an arrest, the court must order the defendant released on their own recognizance by the 33rd day, unless the state shows good cause. Furthermore, if the formal Information charges different or less severe offenses than the initial arrest report, defense counsel can immediately petition the court for a bond reduction hearing to lower the bail amount to match the actual filed charges.