A defendant in a state court has a right, under the U.S. Constitution, to have his or her case presented to a grand jury.

Question

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The U.S. Constitution, specifically the Fifth Amendment, requires a grand jury indictment for federal criminal charges but does not extend this right to state criminal proceedings. States can choose to use grand juries, but they are not constitutionally required to do so.

A Defendant in a State Court Has a Right, Under