It took them years to get Capone even on tax evasion. That was a last ditch effort to get him on something because they couldn't get him on anything else though they knew he was guilty.
Ordinary citizens know nothing of the law. They just do what the court tells them to do. And citizens and courtrooms of today are not the same as they were 100 years ago, everything is politics now. So I say, keep plugging ahead, if they think they have a case against James, TRY HER. Like Capone, just keep trying her on everything you think she is guilty of or you can get her on until you get her.
Time for her to get a taste of the legal system she abused for herself and for her own personal gain for years.