Acquittal

Acquittal occurs in a criminal trial when the jury finds the defendant not guilty. Most often acquittals are due to insufficient evidence and may be issued before or during trial. After an acquittal, the trial is over and the prosecutor cannot appeal the decision under constitutional law.

An acquittal may be handed down by either the jury or the trial judge, although acquittals by jury are usually viewed as carrying more legal weight. This is because the acquittal decision made by a trial judge is not always as clear as the acquittal declared by the jury. The judge’s power allows for dismissal of the case, acquittal, or declaration of a mistrial, and depending upon legal technicalities, the judge’s decision for acquittal may be interpreted as a dismissal or a mistrial. Depending upon the case, an acquittal may be more likely with a bench trial (with the judge deciding); under most circumstances, acquittals are more common in jury trials, because the prosecution must convince each juror of guilt. Acquittals do not always mean freedom for the defendant; in some cases, the decision for acquittal hinges upon a claim of insanity by the defense, so that even following acquittal the defendant may remain in custody of the state for treatment or rehabilitation. Receiving an acquittal is usually the goal in any criminal defense case that goes to trial; an acquittal represents the best-case scenario, as laws preventing “double jeopardy almost certainly ensure cases ending in acquittal cannot be re-opened by the prosecution, even later examination proves that the acquittal was erroneous.

Consulting an experienced attorney may help when trying to plan a strategy for acquittal. A trial lawyer who is familiar with the criminal code can often explain chances for acquittal and help decide if it is better to plea to lesser charges or try for acquittal.

If you would like to learn more about Acquittal, please contact us to speak to an experienced attorney in your area.

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