Legal Question in Criminal Law in California
Can a person be tried in court without being under indicment
2 Answers from Attorneys
Sure. Criminal cases in California can be started with either an indictment or an information. Informations are much more common than indictments, at least in state courts.
The Fifth Amendment says a person can't be tried for a felony unless indicted by a grand jury. An indictment is a list of charges issued by a grand jury after a closed hearing to review the evidence..
All Federal felony cases start with an indictment. (Misdemeanor cases don't require one.) In California courts, the District Attorney has the option to seek an indictment, but the process is rarely used.
Instead, a preliminary hearing is held shortly after charges are filed. Unlike a grand jury hearing, a preliminary hearing is not closed to the public and a judge conducts the review of the evidence.
In either case, the prosecution does not have to prove the defendant guilty beyond a reasonable doubt, as required for a conviction at trial; there only has to be a reasonable suspicion of guilt.
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