North Carolina 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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FAQ

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.

The disposition on a criminal record is the current status or final outcome of an arrest or prosecution. Common dispositions are: Convicted: means you have plead or been found guilty by a court of law. Acquitted: means you have been found not guilty by a court of law in a criminal trial.

An acquittal is a resolution of some or all of the factual elements of the offense charged. The trier of fact, whether the jury or the court, must render a verdict of finding not guilty of the charged offense.

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.

Simply put, not guilty means that a defendant is not legally accountable for the criminal charge filed against them. An acquittal is a finding by a judge or jury that a defendant is not guilty of the charged crime. An acquittal does not necessarily mean the defendant is innocent in a criminal case.

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.

The only exception to an acquittal being final is if the defendant was never in actual jeopardy. If a defendant bribes a judge and obtains acquittal due to a bench trial, the acquittal is invalid because the defendant was never in jeopardy in the first place. Harry Aleman v.

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North Carolina Motion For Judgment of Acquittal of All Charges