« Reply #37 on: August 07, 2023, 09:08:30 am »
That is generally not possible, particularly in a criminal prosecution. It is one of the things that makes criminal prosecutions procedurally unfair to many defendants - for example, if the trial judge denies a motion to dismiss the indictment for insufficiency, or other defect, that denial generally cannot be appealed until the defendant has gone through the expense and burden of a trial - including having his/her name dragged through the mud - and only then will an appeals court hear the matter. Some defendants will simply accept an offered plea to a lesser charge - particularly if it goes from felony to misdemeanor - simply to avoid the process, even if that defendant has a good claim on the merits that the indictment is insufficient.
Right, the process IS the punishment!

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