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You're missing the point by assuming that the aim of prosecution is a conviction. That doesn't have to be the end goal.
No, I understand that. But if there's literally nothing there, they won't be able to get a grand jury to indict. And you'll be able to get the judge to dismiss the charges almost immediately - and probably get sanctions against the DA.
Trivial example - I've never been to Montana. Suppose a DA tried to get a grand jury to indict me on a charge in Montana which could not possibly have taken place without my presence in Montana. That's unlikely to happen, despite the proverbial ham sandwich - you can't indict a ham sandwich without at least some ham and some bread. Even if it happened, I'd be able to get that case dismissed almost immediately.
