[BikerNYC]

On what ground can a federal judge dismiss a count in an indictment before trial? It just doesn't happen without the government's consent.

[staylowandkeepmoving]

It's simple; the defense makes a motion (this is the first time the defense gets to be heard), the judge hears it, the prosecutors argue their point, and then the judge rules.

For instance, in the Koch Industries case, the judge threw out ~ 90% of the charges before the trial.

The key is this; until the charges are filed/indictment handed down, the defense isn't heard from. If you are the defendant, you don't get to make your point in a legal venue until you're charged and a judge isn't involved until after the indictment.