Order - Judgment of Acquittal, is an official form (sample) from the Alabama Administrative Office of Courts, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by Alabama statutes and law.
Alabama Order - Judgment of Acquittal
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FAQ
A person who has been acquitted cannot be arrested for the same case in which he has been acquitted by the Court.An order of acquittal is a judicial decision taken after full inquiry establishing the innocence of accused.
With one exception, in the United States an acquittal cannot be appealed by the prosecution 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.
Double jeopardy is an American Constitutional principle that bars the government from trying a person more than once for the same conduct. It protects you from being prosecuted again for the same offense following an acquittal or a conviction.
The judge can direct a jury, but cannot oblige it to go along with his interpretation.The law makes it clear that this is an offence and, assuming that the accusation is proven beyond any reasonable doubt, a judge would probably request a guilty verdict to be returned.
Definition. At the end of a criminal trial, a finding by a judge or jury that a defendant is not guilty. An acquittal signifies that a prosecutor failed to prove his or her case beyond a reasonable doubt, not that a defendant is innocent.
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 defendant can ask a judge to acquit on all of the charges or just some of them.
Judges are very reluctant to overturn a jury verdict. Jury verdicts are statements of the community. Therefore they are given great respect. Furthermore in a criminal case, a judge cannot overturn a verdict of not guilty as that would violate a defendant's 5th amendment right.
They all, practically, describe the same disposition. Dismissed means that either the Judge or District Attorney dismissed the charges (or dropped them). Acquitted means that a Judge or Jury found the charged person was not guilty. Either way, it describes a non-conviction.
Alabama criminal procedure allows persons arrested on a felony warrant to have a preliminary hearing. A preliminary hearing is to be requested by your criminal attorney within 30 days of your arrest.Preliminary hearings are heard by the District Court Judge in the Alabama County in which you were arrested.