Utah Motion For Judgment of Acquittal of All Charges

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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.

A Motion for Judgment of Acquittal of All Charges is a legal document filed in a court of law in the state of Utah. This motion requests the court to dismiss all charges against the defendant based on the argument that the prosecution's evidence is insufficient to prove guilt beyond a reasonable doubt. It is a crucial defense strategy used in criminal cases, aiming to secure a favorable outcome for the accused party. Keywords: Utah, motion for judgment of acquittal, all charges, legal document, court of law, dismissal, defendant, prosecution's evidence, insufficient, guilt, reasonable doubt, defense strategy, criminal cases. In Utah, there are various types of Motions for Judgment of Acquittal of All Charges available, including: 1. Pre-Trial Motion: Defendants can file this motion before the trial begins, typically during the pre-trial stage. It challenges the sufficiency of evidence supporting the charges, aiming to have them dismissed before proceeding to trial. This motion can be crucial in preventing unnecessary litigation. 2. Motion at the Close of the Prosecution's Case: This motion is filed after the prosecution has presented its evidence, but before the defense presents its case. The defense argues that the evidence presented by the prosecution fails to establish the required elements of the offense beyond a reasonable doubt, therefore requesting the court to acquit the defendant. 3. Motion at the Close of All Evidence: This motion is filed by the defense after presenting its case and allows the defense to renew the request for acquittal. The defense argues that both the prosecution and the defense evidence, when considered as a whole, is insufficient to establish guilt beyond a reasonable doubt. 4. Post-Trial Motion: After a verdict of guilty is reached, the defense can file a post-trial motion for judgment of acquittal, contending that the evidence presented during the trial was not enough to support the conviction. This motion provides an opportunity for the court to reevaluate the evidence and potentially overturn the guilty verdict. It is important to note that the specific rules and procedures regarding motions for judgment of acquittal may vary between jurisdictions, and it is crucial to consult with a qualified attorney familiar with the laws and practices in Utah.

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FAQ

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.

In the US, the prohibition against double jeopardy provides a hard restriction against re-trial and appeal of an acquittal. The government cannot appeal an acquittal (U.S. v. Sanges, 144 U.S. 310, Ball v. U.S., 163 U.S. 662), and a verdict of acquittal without judgment is also a bar to re-prosecution.

You can ask the court to lower the degree of your criminal conviction if you meet the requirements. Sometimes this is called a "402 reduction" or a "402 motion." The name refers to the part of the law that describes the requirements. The law is Utah Code Section 76-3-402.

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.

You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI), before filing a petition to expunge records. Your expungement eligibility will be based upon your total criminal history, not just what has been reported to the Bureau of Criminal Identification.

Under Utah Code 76-3-402, the level of a conviction may be reduced by a maximum of two steps. This means that even a second-degree felony conviction can be reduced to the misdemeanor level. In order to obtain a two-step reduction, the prosecutor's consent ("stipulation") is required.

(a) An actor commits theft by deception if the actor obtains or exercises control over property of another person: (i) by deception; and (ii) with a purpose to deprive the other person of property.

Utah Code 76-3-402 Section 402 allows anyone with a criminal history to petition the court to reduce the level of their criminal history by one degree with court approval and by two degrees with approval of both the court and the prosecutor.

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Utah Motion For Judgment of Acquittal of All Charges