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Louisiana Motion For Judgment of Acquittal of All Charges

Category:
Criminal - Acquittals
State:
Multi-State
Control #:
US-02612BG
Format:
Word; 
Rich Text
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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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  • Preview Motion For Judgment of Acquittal of All Charges
  • Preview Motion For Judgment of Acquittal of All Charges
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How to fill out Motion For Judgment Of Acquittal Of All Charges?

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FAQ

In a trial by the judge alone the court shall enter a judgment of acquittal on one or more of the offenses charged, on its own motion or on that of defendant, after the close of the state's evidence or of all the evidence, if the evidence is insufficient to sustain a conviction.

A post verdict judgment of acquittal shall be granted only if the court finds that the evidence, viewed in a light most favorable to the state, does not reasonably permit a finding of guilty.

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. This essentially means that the prosecution's evidence is too weak to support a conviction, viewing it as generously as possible.

Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free. Motion to Vacate, Set Aside, or Correct a Sentence ? Often successful for the purpose of correcting a clerical error in the sentence.

A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.

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