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HRS §806-8

How prosecutors can charge you without a grand jury

In certain criminal cases, the prosecutor can choose to charge you using an information, complaint, or indictment, even if a grand jury was not involved. This applies to cases that start in a court of record. The prosecutor decides which charging document to use.

The statute, as written — Prosecution where indictment not essential

In criminal cases brought in the first instance in a court of record, but in which the accused may be held to answer without an indictment by a grand jury, the legal prosecutor may arraign and prosecute the accused upon an information, complaint, or an indictment at the prosecutor's election; and in all criminal cases brought in the first instance in a court of record the prosecutor may arraign and prosecute the accused by information, complaint, or indictment, as the case may be, whether there has been a previous examination, or commitment for trial by a judge, or not.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.