A State's Attorney may charge by information:
    (1)   in a case involving a felony that does not involve a felony within the
jurisdiction of the District Court, if the defendant is entitled to a
preliminary hearing but does not request a hearing within 10 days after
a court or court commissioner informs the defendant about the
availability of a preliminary hearing; or
    (2)   in any other case, if a court in a preliminary hearing finds that there
is probable cause to hold the defendant.
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