When the Government Loses a Case Because of Its Sloppiness and Appeals, They Should Be on the Hook for the Defendant's Attorney Fees.

The Hyde Amendment allows a prevailing criminal defendant with private counsel to seek a court award for attorneys' fees and litigation expenses if the government's position was "vexatious, frivolous, or in bad faith". To receive fees, the defendant must file a timely motion and prove the prosecution's conduct met this high standard, while also proving there are no "special circumstances" that would make an award unjust