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What is a bill of information? Is this legally required in…

Customer Question
What is a bill of...
What is a bill of information?
Is this legally required in all criminal cases?
What happens if there was no bill of information?
Submitted: 3 months ago.Category: Criminal Law
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Answered in 7 hours by:
3/30/2018
Criminal Lawyer: N Cal Attorney, Lawyer replied 3 months ago
N Cal Attorney
Category: Criminal Law
Satisfied Customers: 9,790
Experience: Since 1983
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Thank you for your question.

Criminal cases are started either by indictment or information, practice varies from State to State. An information can be issued by the District Attorney, an indictment is issued by a Grand Jury.

Please tell me which State is involved, and please describe the situation a little more.

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Customer reply replied 3 months ago
Thank you so much for your very kind answer. The state involved is Virginia.The background is that my niece was arrested by a security guard for two charges.These are1. " removal of a shopping cart ", although the shopping cart was never taken off the parking lot ,and 2. false ID", although the security guard was not in the uniform ,would not reveal his name, and would not reveal whether he was on or off duty .And, this information still has not been ascertained in the trial.Should this have been found out by the court since a criminal conviction was found ,and criminal is supposed to have proof Beyond A Reasonable Doubt ? And also this conviction carries severe consequences for the defendant.The security guard who arrested my niece listed himself on the summons as a complaintant, since the store would not be the complaintant and says the security guard is purposefully harassing my niece, and says the security guard has no authority over their shopping carts, since he is neither their employee nor their agent.In Lower Court my niece was prosecuted personally by the security guard, because the prosecution told me they initially refused the case.The security guard was whispering in the judges ear, and my niece was pronounced guilty, and my niece's lawyer was completely cut off, as he was talking.Since my niece was found guilty and was actually innocent, she appealed this wrongful conviction to higher circuit court.The judge in circuit court said the judge does not have to follow the law and that this was the judges courtroom to do as he pleases, and he pleased to pronounce my niece guilty,in violation of the law.So my niece noted and appeal for an appellate review.The police say we cannot have a police report, since they cannot determine who the victim is.Has there been a bill of information filed?
what does the bill detail?Does the prosecution have to file anything stating who the victim is?Does the prosecution have to file anything detailing why this is a "crime"?Is the prosecution required to be involved from the beginning of a criminal case?
Criminal Lawyer: N Cal Attorney, Lawyer replied 3 months ago

I need to ask if the prosecution was initiated by the State or by the private prosecutor. You will have to look at the Court file to answer that.

A private prosecutor "may not initiate a prosecution". from

https://law.justia.com/cases/virginia/supreme-court/1985/840269-1.html

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Customer reply replied 3 months ago
What's is the difference to be initiated by the state or a private prosecutor?The appellate court wanted to know the style of the case. The court said they didn't know and finally said that it was the Commonwealth vs. My niece .But, this does not make sense because the complaintant / plaintiff is supposed to be on the case from the beginning .The prosecution only started midway through. The only person that initiated the case and prosecuted from lower court is the security guard.How do I find who initiated in the court file?Where is it in the court file? Does every criminal case have one?If my niece had not appealed this case, the prosecution would not be involved.Is this legal?
Customer reply replied 3 months ago
ANOTHER QUESTION:"rather, the victim or his family retained private.
counsel to prosecute and the defendant.
retained counsel to defend. "Who is the victim?
Criminal Lawyer: N Cal Attorney, Lawyer replied 3 months ago

The victim would be the owner of the cart.

In which town is the trial court located?

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Customer reply replied 3 months ago
Would that make any difference?
Customer reply replied 3 months ago
QUESTION:If the victim is the owner of the cart, and the owner of the cart (The store)did not pursue charges, why does the security guard have the authority and/or standing to go over the stores wishes?
Criminal Lawyer: N Cal Attorney, Lawyer replied 3 months ago

It would let me see if that court posts case information on line, and would help me refer you to a local attorney.

I do not see how the security guard has standing to bring this prosecution since the guard was not the victim.

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Customer reply replied 3 months ago
The court does post information online.
My niece was found guilty in two courts
Is the prosecution supposed to detail who the victim is and why this was a crime?
Customer reply replied 3 months ago
ANOTHER QUESTION:
" cases are started either by indictment or.
information, practice varies from State to State.
An information can be issued by the District.
Attorney, an indictment is issued by the grand.
jury."This criminal case was not started by The grand jury, so does VA have an information even though Va don't have a district attorney?I don't think any of prosecution was I involved initially.They told me they refused.So security guard prosecuted my niece in lower court.Why did the judge allow this?
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