Maine 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

If the grand jury indicts you, as mentioned above, you will return to court for your arraignment ? the date upon which to enter a plea of guilty or not guilty. If the plea is guilty, you will be sentenced at that time.

Maine Rule 201 is similar, but not identical to Federal Rule 201. In Maine there is no distinction between civil and criminal cases in the effect of judicial notice. In both cases the court instructs the jury that the fact noticed should be accepted as conclusive.

Class D. Class D offenses include domestic violence assault cases, assault and OUI/DUI/DWI (drunk driving) offenses. Class D offenses carry a maximum penalty of up to 364 days of jail and a fine of up to $2000.

The defendant and defendant's counsel, if any, shall appear at the dispositional conference. The State shall be represented at the dispositional conference by an attorney who has full authority to make decisions regarding disposition of, and sentencing recommendations regarding, the charges against the defendant.

In common law jurisdictions, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense, as far as criminal law is concerned.

Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.

A grand jury reviews evidence submitted by a prosecutor for the State of Maine (Assistant Attorney General) or a prosecutor representing the District Attorney's Office for a county or prosecutorial district to determine whether a person should be charged with a crime (issued as an indictment).

In Maine there are five classes of crime, Classes A, B, C, D and E. The Class A, B and C crimes are all considered "felonies" because if you are convicted of a Class A, B or C crime then you could stand to receive a sentence of jail in excess of one year.

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Maine Motion For Judgment of Acquittal of All Charges