What must the government obtain to try a defendant for a felony, with some exceptions?

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To try a defendant for a felony, the government is typically required to obtain a criminal indictment. An indictment is a formal charge or accusation that is issued by a grand jury. This legal process serves as a safeguard for the accused, ensuring that a group of citizens has reviewed the evidence and determined that there is sufficient basis to proceed with prosecution.

The grand jury's role is crucial; it helps to prevent arbitrary and unjust prosecutions by requiring a collective assessment of whether there is probable cause to believe that a crime has been committed and that the defendant committed it. This process is part of the legal protections afforded to defendants in serious criminal cases, emphasizing the importance of due process.

In some instances, however, there are exceptions that allow for charges without an indictment, notably through a method called criminal information, which is directly initiated by a prosecutor. Still, for the majority of felony prosecutions, obtaining that indictment is the standard procedure used across jurisdictions.

While other options, such as a citation or a criminal complaint, serve as important initial steps in the legal process—such as detailing violations or initiating legal action—they do not fulfill the requirement necessary to bring felony charges to trial.

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