What are the steps in a criminal prosecution?
Charges are filed: A defendant is charged either by complaint, indictment or information. A complaint is an initial charging document signed by the Magistrate Judge that describes the charges against a defendant. A person can be arrested and charged by complaint before a grand jury has found probable cause to return an indictment, but a person charged by complaint then has the right to be indicted by a grand jury. An indictment is similar to a complaint in that it describes the charges against a defendant, but it is returned by the grand jury. Most felony cases are charged by indictment. An information, as opposed to an indictment or complaint, is the charging document where a defendant is charged with a misdemeanor (although some defendants give up their right to be indicted by a grand jury and are charged by information instead). A misdemeanor information may be filed by the U.S. Attorney’s Office without approval by the court or a grand jury. Initial Appearance and Detention: The de
