Question

In the United States, a winning defendant may recover legal fees from the losing party if they prove ____________.

Answer 1

The Hyde Amendment to the Equal Access to Justice Act, 18 U.S.C. § 3006A note, permits criminal defendants to recover reasonable attorney’s fees (a) if they are acquitted, and (2) “if the position of the United States was vexatious, frivolous or in bad faith.” Good luck proving that last part. Hyde Amendment 101

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