You should engage a knowledgeable criminal defense lawyer to look for reasons why that should happen and then present them to the prosecutor or judge. Just remember: The difference between an acquittal and a conviction is huge, and your future may be at stake. Differences Between Charges Being Dismissed vs. Why would a case be dropped? Hire a Houston Criminal Defense Attorney for the Best Possible Outcome Beyond these measures, a defendant may also accept a plea bargain or seek a mistrial.
Contact the Neal Davis Law Firm today and let us help. Then, you can decide how to proceed. Assault Houston. Criminal Defense Beaumont. A motion for a judgment of acquittal can be granted only if no reasonable jury could find beyond a reasonable doubt that the defendant committed the crime charged.
Sometimes a defendant will ask for a judgment of acquittal with regard to only some of the charges. This might narrow the issues that the jury will consider if the judge grants the motion. For example, perhaps a defendant is being charged with theft from a store and assault of the store employee who caught them. The jury then would proceed to consider the theft charge. A motion for a judgment of acquittal is not a shortcut to have a judge decide a case instead of a jury.
They will need to interpret inferences in favor of the prosecution and try to view the case in the way that is most favorable to the prosecution.
This can be a challenging mental exercise because the defendant is presumed innocent, and the prosecution has a very high burden of proving guilt beyond a reasonable doubt. A motion for a judgment of acquittal is made outside the presence of the jury so that if the judge denies the motion, the jury can deliberate without bias. If the defendant prevails in this type of motion, they likely will win the case conclusively. The judge will dismiss the charges and order the defendant to be released if they are in custody.
If the judgment of acquittal applies to only some of the charges, the defendant may remain in custody pending the resolution of the other charges. Otherwise, the double jeopardy rule prevents the prosecution from starting the case against the defendant again, unless an exception applies. Last reviewed October Criminal Law Contents. Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case.
Acquittal and not guilty are two terms that are often used interchangeably in legal settings. While being found not guilty is an acquittal, there are other reasons that a court may acquit.
An acquittal can come about if an appeals court or trial judge determines that there is insufficient evidence to proceed. When you are acquitted of a crime, the prosecution generally cannot appeal this decision. To try you for the crime a second time would run afoul of your constitutional protection from double jeopardy. Being found not guilty of a crime or being acquitted does not mean that the court or jury believes you are innocent of the crime.
It simply means that the prosecution either did not have enough evidence to support their charges or that they did not present their evidence in a compelling enough way to convince the jury.
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