Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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While an acquittal is a general term for a not guilty verdict, there is a subtle difference between the two terms under criminal law. Not guilty means that a defendant is not legally answerable for the criminal charge filed against him/her. An acquittal is a finding by a judge or jury that a defendant is not guilty of the crime charged.
Note that an acquittal does necessarily not mean that the defendant is innocent in a criminal case. Rather, it means that the prosecutor failed to prove that the defendant was guilty “beyond a reasonable doubt.”
Note too that an acquittal is not the same thing as when charges get dismissed. A dismissal comes before a jury trial and usually takes place because:
In a dismissal, the case against the defendant ends and he/she does not have to stand trial.
If a judge or jury acquits a defendant, then double jeopardy attaches and the defendant has a complete defense to an additional prosecution for the same offense in the same jurisdiction.
There is a subtle difference within the criminal justice system with regard to the terms “acquitted” and “not guilty.”
The term “not guilty” means that a defendant is not legally answerable for a certain crime, or even part of it.1 Consider, for example, a person that is charged with domestic violence and rape. If there is insufficient evidence to support the rape charge, but there is enough evidence to prove the domestic violence charge, then the accused is not guilty of part of the case.
“Acquitted” means that after a jury trial or a bench trial, the trial judge or jury finds the defendant not guilty.2 A partial acquittal is when, after a criminal trial, a defendant is found not guilty of one charge, but a guilty verdict is entered for a different criminal offense. There would be a partial acquittal in the above example.
Note that within the United States legal system, an accused is not deemed “innocent” of a crime if acquitted of it. It simply means that a prosecutor failed to prove, “beyond a reasonable doubt,” that the defendant did it.
Note too that a person:
This is because there is a lower standard of proof in civil cases. This outcome is exactly what happened in the O.J. Simpson criminal and civil cases.
Criminal procedure laws say that an “acquittal” is not the same thing as a “dismissal.”
As stated above, an acquittal takes place when, after a trial, a judge or jury finds that a defendant is not guilty of a crime.
A dismissal comes earlier in the criminal court process when:
In addition, a criminal defense attorney can petition or move the court to dismiss the case because:
Note that dismissal is sometimes also referred to as having criminal charges “dropped.” “Dropping” charges means that the prosecutor decides not to pursue a case because there is insufficient evidence. In cases of both dismissal and dropping, the criminal case ends and the defendant is not tried for any offense(s).4
Note too that the reduction of charges is a different matter altogether. This is when the judge or prosecutor decides to charge the defendant with a lesser offense.5 Perhaps, for example, the D.A. decides to charge a defendant with a misdemeanor offense as opposed to a felony.
A reduction in charges may also result if the defendant enters into a certain plea deal. For example, a prosecutor may decide to reduce a DUI charge to the lesser charge of reckless driving (not involving alcohol) if the defendant agrees to plead guilty to the same. This is known as a “dry reckless plea bargain.”
Double jeopardy does attach if a criminal defense lawyer helps acquit a defendant of a crime.
The Double Jeopardy Clause is found within the Fifth Amendment of the United States Constitution.
Double jeopardy guarantees that there will be no
After certain junctures in the criminal court process, the government loses its power to re-prosecute a defendant for the same offense. When this happens, the law says that the defendant was already
One juncture when jeopardy attaches is when a defendant has been acquitted. Note that once this occurs, the prosecutor cannot ask an appeals court to overturn the decision.
Keep in mind that if an accused is acquitted in state court, then double jeopardy does not prevent the accused from being charged for the same crime in federal court – and vice versa. This is because jeopardy only attaches to prosecutions of the same criminal acts by the same sovereign.
States are considered separate sovereigns from the federal government in the United States.7
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.