Proceedings Before Grand Jury in general

In general

The fifth amendment requires that all infamous crimes be initiated by a grant jury indictment. This would include federal computer crimes brought under 18 U.S.C.A. § 1030.FN91

A federal misdemeanor prosecution pursuant to the computer crime lawFN92 can be brought by information. However, even in misdemeanor cases, the government may seek a grand jury indictment.

In state cases, the grand jury is much less likely to be used.FN93 Some state courts, such as California,FN94 have ruled that the grand jury procedure cannot be used to keep a defendant from the right to a preliminary hearing. Therefore, where the grand jury has heard a case, the defendant can request a preliminary hearing subsequent to the grand jury proceedings and before the case can be brought to trial. Where attempting to counter this tactical consideration is not an issue to the prosecutor, he or she will determine whether to bring a grand jury indictment. The presence of considerable publicity or the existence of extremely complex factual matters may motivate the prosecution to use the grand jury procedure.FN95