Nebraska Motion For Judgment of Acquittal of All Charges

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Multi-State
Control #:
US-02612BG
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Word; 
Rich Text
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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  • Preview Motion For Judgment of Acquittal of All Charges
  • Preview Motion For Judgment of Acquittal of All Charges
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FAQ

Double Jeopardy. The Double Jeopardy Clauses of the U.S. and Nebraska Constitutions are coextensive and protect against three distinct abuses: (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense.

United States v. Hutchins, 78 M.J. 437 (the Double Jeopardy Clause of the Fifth Amendment states that no person shall be subject for the same offence to be twice put in jeopardy of life or limb; this clause embodies the extremely important principle of issue preclusion).

Double Jeopardy Basics The Fifth Amendment to the United States Constitution contains the double jeopardy clause. It states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." Most state constitutions similarly protect individuals from retrial for the same crime.

§ 29-1207. Section 29-1207 - Trial within six months; time; how computed (1) Every person indicted or informed against for any offense shall be brought to trial within six months, and such time shall be computed as provided in this section.

A motion to quash may be made in all cases when there is a defect apparent upon the face of the record, including defects in the form of the indictment or in the manner in which an offense is charged. G.S.1873, c. 58, § 440, p.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

The Double Jeopardy Clauses of the U.S. and Nebraska Constitutions are coextensive and protect against three distinct abuses: (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense.

Double jeopardy applies to criminal cases only, not civil or administrative proceedings. That means, for example, that a defendant convicted of a crime isn't immune from a civil lawsuit for damages from the victim of the crime.

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Nebraska Motion For Judgment of Acquittal of All Charges