1. A defendant may be charged by information:

a. Unless the defendant is in custody, because then he is entitled to a preliminary hearing before he may be charged by information.

b. Unless the charge pending against him is a capital offense that requires he be indicted by grand jury.

c. Only if a nonadversary preliminary hearing has been held and the magistrate has found probable cause.

d. If the offense is a felony because the charging document for a misdemeanor is a complaint.