What is filed when a defendant waives the right to be prosecuted by an indictment?

When a defendant waives the right to be prosecuted by an indictment, a Superior Court Information is filed. This is a formal written accusation that allows the prosecution to proceed without an indictment by a grand jury, which is a traditional method of charging someone with a crime.

The use of a Superior Court Information signifies that the defendant has chosen to forego the grand jury process, which can be seen as a quicker and more streamlined way of moving forward with a case in the New York State court system. It is often utilized in instances where the defendant decides to plead guilty or negotiate a plea deal, thereby avoiding the potential complexities and delays associated with an indictment.

In contrast, a criminal complaint is typically the initial charging document that initiates a criminal case and is often used in misdemeanor cases or when immediate prosecution is necessary before a more formal charge can be made. An information sheet is not a commonly recognized document within this context, and a judicial waiver does not specifically pertain to waiving indictment rights but might refer to other types of procedural waivers in court.