Legal Definitions - substitute information in lieu of indictment

Definition: Substitute informationin lieu of indictment is a formal criminal charge made by a prosecutor without a grand-jury indictment. It is used to prosecute misdemeanors in most states, and about half the states allow its use in felony prosecutions as well. The prosecutor files this information to take the place of a previously returned indictment, usually because the indictment is defective or because the prosecutor has added, altered, or deleted facts and allegations.

Examples:

• A prosecutor files a substitute information in lieu of indictment when they discover that the indictment is defective or incomplete.
• In a case where a grand jury fails to return an indictment, the prosecutor may file a substitute information in lieu of indictment to proceed with the case.
• If a prosecutor wants to add, alter, or delete facts and allegations in an indictment, they may file a substitute information in lieu of indictment.

These examples illustrate how a prosecutor can use a substitute information in lieu of indictment to correct or supplement an indictment. It allows the prosecutor to proceed with the case without having to wait for a new grand jury indictment.