Mississippi Motion For Judgment of Acquittal of All Charges

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Multi-State
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US-02612BG
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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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How to fill out Motion For Judgment Of Acquittal Of All Charges?

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FAQ

A motion for judgment of acquittal rests on the claim that the evidence at trial was insufficient for a conviction. In other words, the defendant argues that no reasonable jury could possibly find guilt beyond a reasonable doubt.

If your attorney can create reasonable doubt that you committed the crime, a judge or jury is required to acquit. Being found not guilty is one reason for an acquittal, but as mentioned above, there are other ways for a defendant to be acquitted.

Is acquittal the same as charge dismissal? If a defendant is acquitted, it means that the case went to trial but the prosecutor was not able to prove beyond a reasonable doubt that he or she committed the crime. A case dismissal is brought about if a case does not proceed to a jury trial.

Upon written request made prior to trial, the prosecuting attorney shall provide to the defense the following: (1) the names of all witnesses expected to testify for the prosecution; (2) a copy of any written statement of the defendant; (3) a copy of the criminal record of the defendant, if proposed for use as ...

Chapter 17 - Trial. § 99-17-1. Indictments to be tried within 270 days of arraignment. Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.

Motion for a Judgment of Acquittal. (a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.

A motion for judgment of acquittal rests on the claim that the evidence at trial was insufficient for a conviction. In other words, the defendant argues that no reasonable jury could possibly find guilt beyond a reasonable doubt.

If a judge or jury acquits a defendant, then double jeopardy attaches and the defendant has a complete defense to an additional prosecution for the same offense in the same jurisdiction. An acquittal is a finding by a judge or jury that a defendant is not guilty of the crime charged.

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Mississippi Motion For Judgment of Acquittal of All Charges