What happens if I am found not guilty?
Asked by: Kiley Ward | Last update: October 28, 2025Score: 4.7/5 (63 votes)
The phrase “not guilty” means that the defendant is not legally answerable for the crime. An acquittal is a finding by the jury or judge that the defendant is not guilty after a jury or a bench trial. Acquittals trigger your Double Jeopardy protection from another prosecution for the same offense.
What happens when you are found not guilty?
A not-guilty verdict in a criminal trial is a form of acquittal that says you are not legally answerable for the charges. The jury will render this verdict after a trial. As noted, it does not mean the court declared you innocent of the crime.
Is it better to plead not guilty?
By maintaining a not guilty plea, you assert your right to a fair trial and ensure that all aspects of your case are considered, ultimately contributing to a more just and balanced legal process.
Can a case be reopened after found not guilty?
A defendant whose conviction was reversed on appeal may be retried without violating double jeopardy. However, any charge of which the defendant was found not guilty the first time cannot be retried.
What happens with a not guilty verdict?
A not guilty verdict is another way a defendant can avoid conviction, but it does not necessarily mean they were “cleared” of the charges. Instead, it means that the prosecution failed to prove the defendant's guilt beyond a reasonable doubt.
You're supposed to plead NOT GUILTY (even if you did it).
Can I sue after being found not guilty?
If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.
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.
How often are felony charges dropped?
Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too.
What happens if you confess to a crime after being found not guilty?
you cannot be charged with the same crime by the same prosecutors. on the same governmental agency. Which means if the state is going up you for a crime, you're found not guilty and you later confess, the state can't touch you. But that does not mean the federal government cannot touch you.
Can a judge reverse 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.
What are the consequences of pleading not guilty?
By pleading not guilty, the defendant exercises their right to a trial, during which the prosecution must prove their guilt beyond a reasonable doubt. If the jury or judge finds the defendant not guilty, they are acquitted of the charges, and the case is closed.
Why you should never plead guilty?
The consequences of conviction can be costly. You potentially face jail/prison time, fines, court costs, loss of gun rights, loss of voting rights, being kicked out of your apartment, the loss of your job and many other potential "hidden" costs.
How do you know if a criminal case is strong?
If the state has strong witnesses, photographs, video, or other compelling evidence, or you made damaging admissions, the prosecutor will most likely take a harder approach in your case, making it harder to get the charges against you reduced to a lesser offense. Your defenses will play a role in the outcome as well.
Can you be found guilty without proof?
Yes—actually, most criminal convictions are based solely on circumstantial evidence. Further, California criminal law allows the prosecution to convict a defendant on circumstantial evidence alone.
Is there a difference between being found innocent and not guilty?
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”.
Do cases end more often in conviction or in acquittal?
Most felony filings result in convictions. Convictions are the norm in all cases.
What happens after found not guilty?
Both acquittal and a not-guilty verdict mean the prosecution could not prove your guilt beyond a reasonable doubt. However, once 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 confess and still plead not guilty?
If you have confessed, you don't have to plead guilty, you can still fight the charges. To understand how to attack a false confession, it is important first to understand the interrogation tactics used by CID, NCIS, OSI and just about every law enforcement agency.
Can you be tried again if new evidence is found?
A retrial is only possible by ground of a 'novum': the situation in which new evidence has come to light and in which it seems that, had the judge known of this evidence, the defendant would have been prosecuted.
What is the lowest felony charge?
As to federal felonies, Congress divided federal felonies into five categories: A, B, C, D, and E. Class E felonies are the lowest class federal felony.
What is the difference between charges dropped and not guilty?
If a case goes to trial and a prosecutor is unable to determine beyond a reasonable doubt that you are guilty of the charge, you will receive an acquittal. If you are acquitted, you cannot be tried again for the same crime. However, if your case is dismissed, the charges can be re-filed at a later date.
Does a felony always result in jail time?
However, it's a common misconception that all felonies automatically result in jail time. The truth is more nuanced. Under California law, judges possess considerable discretion in sentencing, allowing them to impose probation in certain cases instead of incarceration.
Is it better to plead guilty or not guilty?
One of the benefits of entering a guilty plea is that your case will be resolved much quicker. It could take months or longer before it is scheduled for a jury trial. Cost. The cost of hiring a lawyer will be less if you decide to plead guilty.
How do you know if your case will be dismissed?
Some signs we look for are a lack of physical evidence, gaps in the chain of custody of evidence, contradictory eyewitness accounts, or witnesses who lack credibility. If the prosecution's case is built on a shaky foundation, they often realize a dismissal or plea deal is their best option.
Can you go to jail for pleading not guilty?
If you plead not guilty you will have a pretrial conference to try to settle your case. There is no penalty for pleading not guilty. Your sentence will not be more severe or less severe based merely on how you plead.