New Jersey Motion For Judgment of Acquittal of All Charges

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Multi-State
Control #:
US-02612BG
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Word; 
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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

An acquittal is a decision by a judge or jury after a trial that someone is not guilty of the charged offense. In the United States, the trier of fact (called a judge or jury) must find a defendant ?not guilty? unless they are convinced beyond a reasonable doubt that they are guilty.

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.

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.

A judge in a criminal case may direct a verdict of acquittal on the basis that the prosecution has not proved its case, but the judge may not direct a verdict of guilty, since that would deprive the accused of the constitutional right to a jury trial.

Thus, the government's right to appeal a Rule 29 motion is only preserved where the ruling is reserved until after the verdict.

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New Jersey Motion For Judgment of Acquittal of All Charges