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Generally, a criminal prosecution begins with the convening of a grand jury, which will issue an indictment. Another possibility, however, is that of the prosecutor filing an information.

Added: Although the federal court system still uses Grand Juries. many jurisdictions no longer use (or have NEVER used) Grand Juries for indicting criminal offenses. It is accomplished at a Preliminary Hearing where the facts of the case are presented to a judge who rules whether, or not, probable cause existed for the arrest.

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