Final answer:
The defendant can still be prosecuted when more evidence becomes available if a case is dismissed at a preliminary hearing due to insufficient evidence. This is not a case of double jeopardy since the defendant has not been acquitted, and the case is not automatically transferred to a grand jury.
Step-by-step explanation:
When considering the situation where sufficient evidence is not available during a preliminary hearing to show probable cause, the correct answer is C) The defendant can still be prosecuted when more evidence is available. If the case is dismissed due to lack of evidence at a preliminary hearing, this does not amount to an acquittal (A).
The concept of double jeopardy does not apply here; it only protects individuals who have been acquitted, meaning found not guilty after a trial. Therefore, if new evidence emerges, the prosecution may be able to reopen or refile the case. However, the case is not automatically transferred to a grand jury (D) simply because of insufficient evidence at a preliminary hearing.
Options B) The case is dismissed, and the defendant cannot be prosecuted later and D) The case is automatically transferred to a grand jury are both incorrect. The former is incorrect because it misunderstands that a dismissal at a preliminary hearing is not a final judgement and the latter is false as there is no automatic process for transferring a case to a grand jury following a dismissal at a preliminary hearing stage.