Although Fed. R. Crim. P. 7, allows a defendant to waive the right to be indicted by a grand jury, the prosecutor retains the discretion to proceed by indictment regardless of the defendant's preference. See Rattley v. Irelan, 197 F.2d 585 (D.C. Cir. 1952).
This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact webmaster@usdoj.gov if you have any questions about the archive site.
211. Prosecutorial Discretion to Allow
Updated January 22, 2020