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Criminal Resource Manual

203. Obtaining An Information

An information prepared by a prosecutor may be filed without leave of court. See Fed. R. Crim. P. 7(a). See also ABA Standards for Criminal Justice: Prosecution Function Standards Rule 3-3.7 (1993). The information need not be supported by an affidavit unless an arrest warrant is sought. See Fed. R. Crim. P. 9(a).

A defendant charged with a noncapital offense may waive the right to a grand jury indictment and allow prosecution by information. Fed. R. Crim. P. 7(b); see United States v. Ferguson, 758 F.2d 843, 850 (2d Cir.), cert. denied, 474 U.S. 1032 (1985) ("[j]ust as defendant may waive a trial by jury, . . . a defendant may waive the similar personal right of indictment by grand jury).