When a criminal case goes to court, the defendant is assumed to be innocent until proven guilty beyond all reasonable doubt. While prosecutors present evidence establishing guilt, the defendant’s criminal defense attorney will strive to achieve an acquittal, a decision which formally frees the accused of all charges against them. In most cases, acquittals are delivered by the jury, but they may also be granted by a judge if the defendant opts for a bench trial.

How Acquittals Are Granted

After hearing the arguments on both sides, the jury may decide that the evidence does meet the burden of proof to establish guilt. In these situations, they may return a “not guilty” verdict, acquitting the defendant of the charges. However, if the defendant is being tried on multiple counts, the jury may acquit on some charges and return a guilty verdict on others.

In some situations, a defendant’s criminal defense attorney may recommend waiving the right to a jury trial and allow the judge to weigh the evidence and reach a decision. After listening to arguments on both sides, the judge will either return a guilty verdict or grant a motion for acquittal, after which the defendant is free.

Protection from Further Prosecution

The Fifth Amendment provides protection for acquitted individuals against further prosecution for the same offense. Even if evidence is uncovered after the trial, the defendant cannot be tried again once a favorable decision was reached. However, the protection against double jeopardy only extends to a single government, so federal prosecutors may elect to file charges against a defendant after being acquitted in a state court if the allegations include violations of federal law.

If you’ve been accused of a crime, the criminal defense attorneys at the Bates Law Firm PLLC in Wadesboro, NC, have the expertise and in-depth experience to help achieve the best possible outcome for your case. Their professionals pride themselves on giving every client the individual attention and rigorous defense they deserve. Follow their Facebook for more insight and legal tips, and visit their website or call (704) 694-0195 to schedule a free consultation with a criminal defense attorney today.