What is the key distinction between an Information and an Indictment in the Texas CCP?

The key distinction between an Information and an Indictment in the Texas Code of Criminal Procedure lies in the entities responsible for their initiation and the procedural context in which they are used. An Information is a charging document that is filed by a prosecutor, outlining the formal charges against a defendant based on probable cause.

In contrast, an Indictment is a formal accusation that is issued by a grand jury, which is a group of citizens convened to review evidence and determine whether sufficient grounds exist to charge an individual with a crime. The grand jury process serves as a protective measure against unfounded prosecutions, providing an additional layer of scrutiny before formal charges are leveled against someone.

This distinction emphasizes the different roles of the prosecutor and the grand jury in the state of Texas criminal procedure, highlighting the procedural safeguards that are in place. Understanding this difference is crucial for grasping the foundational elements of criminal charges within the Texas legal framework.