In criminal defense, sometimes the smallest details make the biggest difference.

When prosecutors file criminal charges in Florida, they generally do so through a formal charging document called an Information. This document identifies the crimes the State alleges the defendant committed and sets forth the essential facts supporting those charges.

But what happens when the State gets something wrong?

Under Florida Rule of Criminal Procedure 3.140, an Information must satisfy specific legal requirements. A criminal defense attorney should carefully examine the charging document to determine whether the State has properly alleged every essential element of the offense.

Why Does the Information Matter?

The prosecution cannot simply accuse someone of committing a crime. It must properly charge that offense.

Errors in an Information can include:

• Missing essential elements: The State fails to allege a fact necessary to establish the charged offense.
• Incorrect or insufficient allegations: The Information does not adequately describe the criminal conduct being alleged.
• Charging defects: The document contains legal deficiencies that may affect the validity of the prosecution.
• Notice problems: The allegations are so vague that the defendant cannot adequately prepare a defense.

Not every mistake results in dismissal. Some defects can be corrected by the prosecution, while others may be waived if the defense does not raise them at the appropriate time.

However, certain deficiencies can provide grounds for challenging the charges and, in some circumstances, obtaining a dismissal. In the past, we have secured both dismissals and Not Guilty verdicts on technicalities in the Information or charging document. 

Winning on a Technicality Is Still Winning

People sometimes criticize criminal cases that are dismissed on a "technicality." But constitutional protections and procedural requirements exist for a reason.

The State has the burden of following the law, just as the people it prosecutes do.

A successful criminal defense requires more than challenging witnesses and disputing evidence. It requires a thorough understanding of criminal procedure, careful examination of every document, and the ability to recognize legal errors that others might overlook.

At Jordan Holmes Law, P.A., we understand that even seemingly minor details can have significant consequences. Our attorneys are Board Certified in Criminal Trial Law by The Florida Bar and have extensive experience defending individuals accused of crimes throughout Central Florida.

Because sometimes, the difference between a conviction and a dismissal comes down to knowing exactly what to look for.

One small clarifying note: Florida Rule of Criminal Procedure 3.140(j) permits amendments to correct certain formal defects before trial, and Rule 3.140(o) limits dismissals based on deficiencies in the charging document. For that reason, the article distinguishes potentially fatal defects from ordinary technical mistakes.