What are the consequences of a not guilty verdict?
Asked by: Maxine Parisian DDS | Last update: April 10, 2025Score: 5/5 (64 votes)
Legal Implications of a “Not Guilty” Verdict Immediate Release: If you are in custody, you are released immediately. End of Criminal Proceedings: The case against you is concluded, and you cannot be retried for the same offense due to double jeopardy protection.
What happens if the verdict is not guilty?
In contrast, a not guilty verdict reflects that the prosecution did not meet its burden of proof, but it does not necessarily declare that the defendant is innocent. Both outcomes provide protection under the double jeopardy rule, but their impact on social perception and criminal records can differ.
Can you be tried again after a not guilty verdict?
If a defendant is acquitted, whether by a jury verdict or a judge's ruling, the protection against double jeopardy is fully realized. The government cannot appeal an acquittal or subject the defendant to a new trial for the same offense.
What is the outcome of not guilty?
If a defendant is found 'Not guilty,' the case is over and they are allowed to leave the court. If they have been held in prison during the trial, they will be released immediately. If the defendant is found not guilty, that doesn't mean you weren't believed or that people thought you were lying.
Can a judge overrule a not guilty verdict?
The judge may grant a judgment as a matter of law (JMOL) if it appears there is no issue of material fact for a jury to decide. A judge can deliver both these judgments, but they can't set aside an acquittal in a criminal case. Once a jury has rendered a not-guilty verdict, the judge can't overturn it.
Criminal Defense Attorney Hears His First "Not Guilty" Verdict in Open Court
Can a judge throw out a not guilty 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. To overturn a guilty verdict there must be clear evidence that offers reasonable doubt.
Can a not guilty verdict be reversed?
A prosecutor cannot appeal a not-guilty verdict. Not in California and not anywhere else within the United States. The Fifth Amendment of the U.S. Constitution contains the Double Jeopardy clause.
How common are not guilty verdicts?
NPR and The Economist reported overall conviction rates above 99%. In 2016, out of 1.2 million people tried, only 1,039 were found not guilty - an acquittal rate of around 0.08%. In 2013, the conviction rate reached 99.93%, with 825 people acquitted out of 1.16 million people put on trial.
What happens after you plead not guilty?
What happens if I plead not guilty? A not guilty plea denies the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent, and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial.
Can I sue after being found not guilty?
Yes. Dropped charges could make a malicious prosecution claim possible. But when a verdict was rendered, it may be more difficult to pursue a civil claim after the fact. Before a criminal case can proceed to the trial phase, the court must find probable cause.
Why do you think the jury still returned a not guilty verdict?
Such verdicts are possible because a jury has an absolute right to return any verdict it chooses. Nullification is not an official part of criminal procedure, but is the logical consequence of two rules governing the systems in which it exists: Jurors cannot be punished for passing an incorrect verdict.
Can you be found guilty after being found not guilty?
Both acquittal and a not-guilty verdict mean the prosecution could not prove your guilt beyond a reasonable doubt. After you are acquitted or declared not guilty, your "double jeopardy" Fifth Amendment protections kick in, and you cannot be tried again for the same crime.
Can you appeal a not guilty verdict?
Appealing a verdict of “not guilty” would violate the Double Jeopardy Clause of the Fifth Amendment. Prosecutors may, however, appeal all pre-trial rulings and decisions regarding the admissibility of evidence at trial.
Does pleading not guilty increase your sentence?
By maintaining a not guilty plea, you retain the leverage needed to negotiate a more favorable plea agreement. This could result in lesser charges, reduced sentences, or alternative sentencing options that might not be available if you initially plead guilty.
Do cases end more often in conviction or in acquittal?
Most felony filings result in convictions. Convictions are the norm in all cases.
Is a not guilty verdict the same as innocent?
In short, "not guilty" is not the same as "innocent." Innocent means that a person did not commit the crime. Not guilty means that the prosecution could not prove "beyond a reasonable doubt" that a person committed the crime. Therefore, the court does not pronounce someone as “innocent” but rather “not guilty”.
Is it better to plead not guilty?
On most criminal charges and some traffic charges, the judge can put you in jail, or if it is a felony, in prison! We strongly advise that you plead "NOT guilty" because you may leave the courtroom in handcuffs. It happens all the time. Remember, most of our clients never go to jail.
What comes after a not guilty plea?
I wanted to finish up this series with what happens after you plead not guilty. You have two options, contest the charge or try to get a plea deal.
Does pleading not guilty mean you didn't do it?
Not guilty: When someone is accused of a crime, they can say they didn't do it by pleading "not guilty." This means they will go to trial and the people trying to prove they did it (called the prosecution) have to show they did it beyond a doubt.
Can a judge reject a not guilty verdict?
Because the Not Guilty verdict cannot be overturned, and because the jurors cannot be punished for their verdict, the law is said to be nullified in that particular case.
How many convictions did Trump have?
He faced 34 criminal charges of falsifying business records in the first degree related to payments made to Stormy Daniels before the 2016 presidential election. The trial began on April 15, 2024; Trump was found guilty on all 34 counts on May 30, 2024.
What percentage of charges are dropped?
According to the statistics, around 8.2% of federal criminal charges are withdrawn at some point of the criminal process. This indicates the possibility of dismissal, however, each case is unique with various factors that affect the outcome.
What happens when one juror says not guilty?
If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence.
Can you be tried again if you are acquitted?
—When a trial judge acquits a defendant, that action concludes the matter to the same extent that acquittal by jury verdict does. There is no possibility of retrial for the same offense.