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Nevada Motion For Judgment of Acquittal of All Charges

Category:
Criminal - Acquittals
State:
Multi-State
Control #:
US-02612BG
Format:
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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  • Preview Motion For Judgment of Acquittal of All Charges
  • Preview Motion For Judgment of Acquittal of All Charges
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FAQ

Final answer: In the adversarial system of justice in the US, neither the prosecution nor the defense are to determine a defendant's guilt or innocence. Even if a defense attorney believes their client is guilty, they must defend them as effectively as possible.

Common post-trial motions include: Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.

Which of the following statements is true regarding the U.S. Supreme Court's decision in Gideon v. Wainwright? The Court declared that lawyers in criminal courts are necessities, not luxuries.

Under the double jeopardy clause the government may appeal the granting of a motion for judgment of acquittal only if there would be no necessity for another trial, i.e., only where the jury has returned a verdict of guilty. United States v. Martin Linen Supply Co., 430 U.S. 564 (1977).

A) Most important factor in deciding whether to prosecute is not the prosecutor's belief in the guilt of the suspect, but whether there is sufficient evidence for conviction. If prosecutors have strong physical evidence and a number of reliable and believable witnesses, they are quite likely to prosecute.

Judges are the most prestigious members of the courtroom work group. "Judge shopping" is a rare occurrence in large courts. Incumbent judges are rarely voted out of office. When executives or legislatures select judges, fewer district attorneys become judges.

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.

If your attorney can create reasonable doubt that you committed the crime, a judge or jury is required to acquit. Being found not guilty is one reason for an acquittal, but as mentioned above, there are other ways for a defendant to be acquitted.

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