a charge of a felony (serious crime) voted by a Grand Jury based upon a proposed
charge, witnesses' testimony and other evidence presented by the public prosecutor
(District Attorney). To bring an indictment the Grand Jury will not find guilt,
but only the probability that a crime was committed, that the accused person did
it and that he/she should be tried. District Attorneys often only introduce key
facts sufficient to show the probability, both to save time and to avoid revealing
all the evidence. The Fifth Amendment to the U. S. Constitution provides that "No
person shall be held to answer for a capital, or otherwise infamous crime, unless
on presentment of a Grand Jury…. " However, while grand juries are common in charging
federal crimes, many states use grand juries sparingly and use the criminal complaint,
followed by a "preliminary hearing" held by a lower court judge or other magistrate,
who will determine whether or not the prosecutor has presented sufficient evidence
that the accused has committed a felony. If the judge finds there is enough evidence,
he/she will order the case sent to the appropriate court for trial.
See also felony Grand Jury indictable offense preliminary hearing
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