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Kansas
Motion For Judgment of Acquittal of All Charges

Kansas Motion For Judgment of Acquittal of All Charges

Category:

Criminal - Acquittals

State:

Multi-State

Control #:

US-02612BG

Format:

Instant download

Description

To acquit means to find a defendant in a criminal case not guilty. The decision to exonerate the defendant may be made either by a jury or a judge after trial. A prosecutor must prove the defendant's guilt beyond a reasonable doubt. A decision to acquit means that the judge or jury had a reasonable doubt as to the defendant's guilt. It may be based on exculpatory evidence or a lack of evidence to prove guilt.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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How to fill out Motion For Judgment Of Acquittal Of All Charges?

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FAQ

If the jury finds the defendant not guilty, it is called an ?acquittal? and the defendant will be released. The defendant can never be tried again for the same crime.

(4) The motion to dismiss shall be made at any time prior to arraignment or within 21 days after the plea is entered.

In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned.

When a trial judge acquits a defendant, that action concludes the matter to the same extent that acquittal by jury verdict does. There is no possibility of retrial for the same offense.

A motion for a new trial must be filed no later than 28 days after the entry of judgment. While a timely-filed motion is pending, the court may on motion and notice to the parties, permit the moving party to amend the motion for a new trial to state different or additional reasons.

In the United States justice system, an acquittal doesn't always mean that the defendant is proven not guilty. However, the judge and jury must acquit if the prosecutor can't prove the defendant's guilt beyond a reasonable doubt. If a reasonable doubt remains, there must be an acquittal.

Acquittal, in criminal law, acknowledgment by the court of the innocence of the defendant or defendants. Such a judgment may be made by a jury in a trial or by a judge who rules that there is insufficient evidence either for conviction or for further proceedings. An acquittal removes all guilt in law.

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