If an indictment has been returned, what is true about the prosecutor's ability to continue prosecution?

If an indictment has been returned, what is true about the prosecutor's ability to continue prosecution?

• A. The case is dismissed automatically
• B. Indictment ends the case
• C. AUSA can still prosecute by indictment
• D. A pre-trial hearing may be held

Answer: (C)

An indictment marks the start of federal criminal proceedings and empowers the prosecutor to proceed. Once a grand jury has returned an indictment, the government can continue the case toward trial under those charges; the indictment serves as the charging document, not a closure or dismissal of the case. The AUSA will move the case forward through arraignment, discovery, motions, and eventually trial, and if needed the government can file a superseding indictment or add counts, but the ability to prosecute remains intact under the indictment.

An indictment marks the start of federal criminal proceedings and empowers the prosecutor to proceed. Once a grand jury has returned an indictment, the government can continue the case toward trial under those charges; the indictment serves as the charging document, not a closure or dismissal of the case. The AUSA will move the case forward through arraignment, discovery, motions, and eventually trial, and if needed the government can file a superseding indictment or add counts, but the ability to prosecute remains intact under the indictment.