united-states definition appeal
Can a judges decision to allow a matter to trial be appealed immediately, or only after the trial?
<p>If a defendant feels that a judge improperly allowed a matter to go to trial, can it be appealed immediately, or does the defendant have to wait until the trial is over?</p>

<p>For example, let's imagine that a person has been charged with "discharging a firearm within 500 yards of a dwelling" and the "firearm" is a bow and arrow. At the arraignment, the defendant argues that the charge is invalid because a bow and arrow is not a "firearm." Nevertheless, the judge allows the prosecutor to bring the defendant to trial, potentially a lengthy process.</p>

<p>Can the defendant immediately appeal the judge's decision at the arraignment and seek to have the charge thrown out by an appellate court? </p>

<p>Well you don't specify a jurisdiction, but here's a recent, example decision that's illuminating and that contains some relatively universal U.S. legal principles:</p>

<blockquote>
  <p>As a threshold matter, we must address the scope of our jurisdiction
  over Soriano Nunez’s appeal. To the extent Soriano Nunez seeks review
  of the order denying her motion to dismiss the indictment, we lack
  jurisdiction. Generally, our jurisdiction is limited to final
  judgments. An order denying dismissal of an indictment is not a “final
  judgment of the district court.” 28 U.S.C. § 1291. “Final judgment in
  a criminal case means sentence. The sentence is the judgment.” <em>United
  States v. Rodriguez</em>, 855 F.3d 526, 530 (3d Cir. 2017) (quoting <em>Berman
  v. United States</em>, 302 U.S. 211, 212, 58 S. Ct. 164, 82 L.Ed. 204
  (1937)). Moreover, none of the grounds for interlocutory appeal in a
  criminal case apply here. <em>See, e.g.</em>, <em>Helstoski v. Meanor</em>, 442 U.S.
  500, 508, 99 S.Ct. 2445, 61 L.Ed.2d 30 (1979) (recognizing Speech or
  Debate Clause immunity as a legitimate ground to appeal denial of a
  motion to dismiss an indictment); <em>Abney v. United States</em>, 431
  U.S. 651, 662, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977) (hearing appeal of
  motion to dismiss indictment on double jeopardy grounds); <em>United
  States v. Mitchell</em>, 652 F.3d 387, 392-93 (3d Cir. 2011) (setting forth
  the required elements of an appealable collateral order). Thus, we
  must dismiss her appeal to the extent it seeks review of the District
  Court’s refusal to dismiss her indictment.</p>
</blockquote>

<p><em><a href="http://www2.ca3.uscourts.gov/opinarch/182341p.pdf" rel="nofollow noreferrer">United States v. Soriano Nunez</a></em>, 928 F.3d 240, 243–44 (3d Cir. 2019).</p>
