A criminal information is the formal felony charging document filed by the prosecution after a judge has held a defendant to answer at a preliminary hearing. It is the document that moves the case from the lower court into the Superior Court for trial. It is one of the two main ways felonies are charged in California — the other is a grand jury indictment.
How a Criminal Information Works in California
California felony procedure is laid out in Penal Code §§ 738 and 739. After a felony complaint is filed and the defendant is held to answer at a preliminary hearing, the District Attorney has 15 days to file an information in Superior Court. Under § 739, the information may charge the defendant with the offense the magistrate found probable cause for, plus any related offenses shown by the evidence at the preliminary hearing. The defendant is then arraigned again — this time on the information — and the case proceeds toward trial.
A criminal information must comply with detailed pleading requirements. It must identify each count, the specific Penal Code section, the date and location, and any sentencing enhancements such as gun use, gang allegations, prior strikes, or great bodily injury. A defective information can be challenged through a motion to set aside under Penal Code § 995, which targets sufficiency of the evidence at the preliminary hearing or other defects in the charging process.
Why a Criminal Information Matters to Your Defense
The information sets the legal scope of the case going forward. Each charge added — and each enhancement attached — increases potential exposure, sometimes dramatically. Defense attorneys carefully compare the information to the preliminary hearing evidence to identify counts or enhancements that lack support, then file § 995 motions to strip them out before trial.
The information also defines what the prosecution must prove. Each element of each count becomes a target for cross-examination, motions, and ultimately argument to the jury. A skilled criminal defense attorney uses the document itself as a roadmap for building the defense — identifying weak elements, missing facts, and inconsistencies between the information and what the evidence actually shows.
Related Legal Terms
A criminal information is one of two paths to felony charges in California, alongside indictment by grand jury. It is shaped by the preliminary hearing and challenged through pretrial motions like the § 995 motion — work central to our criminal defense and federal defense practice.
Facing Charges Where This Applies?
If a criminal information has been filed against you in California, the months between filing and trial are when the defense does its most important work. Attorney Chris Nalchadjian offers free, confidential consultations 24/7. Call KN Law Firm at (888) 950-0011.
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