 The defendant is then entitled to challenge the information at a preliminary hearing, during which the prosecution must establish to the judge's satisfaction that probable cause exists to bind over the defendant until trial.The U.S. Supreme Court affirmed the constitutionality of this procedure in "Hurtado v. California" (1886).The grand jury is still available in the states where informations are used, but it is usually used only for issuing indictments for certain types of crimes or for certain types of anti-corruption investigations.