Rhode Island Motion For Judgment of Acquittal of All Charges

Category:

Criminal - Acquittals

State:

Multi-State

Control #:

US-02612BG

Format:

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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How to fill out Motion For Judgment Of Acquittal Of All Charges?

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FAQ

With one exception, the prosecution in the United States cannot appeal an acquittal because of constitutional prohibitions against double jeopardy. The U.S. Supreme Court has ruled: If the judgment is upon an acquittal, the defendant, indeed, will not seek to have it reversed, and the government cannot.

An acquittal comes about when the trier of fact, a judge or jury, finds a defendant ?not guilty? of the crime charged. At a trial, if you are found ?not guilty? by a judge or jury, you are acquitted by the court.

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.

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.

If a defense results in an acquittal, it is called a perfect defense. The difference between the two is significant. A defendant who is successful with an imperfect defense is still guilty of a crime; a defendant who is successful with a perfect defense is innocent.

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.

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.

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.