[Sheriff Gonna Getcha]

Originally Posted by paulskinsfan

Charges are filed all the time with little or no evidence, the key question is will he be indicted. Cops arrest people and file criminal complaints charging people with misdemeanors and/or felonies. The Defendant may or may not then get a preliminary hearing, at which time if there is probable cause the Defendant will be "bound over" to a Grand Jury. A Grand Jury then hears evidence from the Prosecutor and determines whether or not there is sufficient evidence to issue an indictment and proceed to trial. Believe me "charges" are brought all the time when there is little to no evidence by overzealous cops. If the prosecutor thinks there is enough evidence, he'll present the case to the grand jury for indictment.

Most states don't use a grand jury; grand juries are typically only used in federal prosecutions.