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If you stand accused of a crime, your criminal defense attorney should do everything in their power to safeguard your rights and diligently strive for the best possible outcome.
What would be the most desirable verdict: acquitted or not guilty? After a decade of working as a criminal defense attorney, I am here to tell you which decision is the most viable and whether a difference exists between them.
Quick Summary
Acquittal is not just a result of a "not guilty" verdict - there are other ways to be cleared of criminal charges.
In the case of a dismissed charge, jeopardy has not been attached, so the accused can be prosecuted again for that same offense.
A not guilty verdict absolves the defendant from legal culpability for the criminal charge filed against them.
Acquitted vs Not Guilty: Is There a Difference?
Yes, there is a difference between an "acquittal" and "not guilty." Though an 'acquittal' and a 'not guilty verdict' may sound similar, they are not the same.
Understanding the distinction between "acquittal" and "not guilty" is fundamental in the legal world, as these terms signify different procedural and legal outcomes.
Here is a detailed comparison highlighting their legal meanings, long-term effects, and real-world examples.
Aspect
Acquittal
Not Guilty
Definition
A formal declaration by a judge or jury that the defendant is not guilty of the charges [1].
A verdict indicating that the prosecution failed to prove guilt beyond a reasonable doubt.
Procedural Context
May occur at various stages, such as through a directed verdict or post-trial motions.
Occurs at the conclusion of a trial after all evidence has been presented.
Implications
Protects against double jeopardy; the defendant cannot be retried for the same offense.
Also protects against double jeopardy but does not equate to a declaration of innocence.
Burden of Proof
Reflects a total failure by the prosecution to meet its burden of proof.
Indicates that the prosecution could not establish guilt beyond a reasonable doubt.
Impact on Future Cases
Can set a legal precedent, influencing strategies in similar cases.
Primarily affects public perception and may not hold the same legal weight in subsequent proceedings.
Real-Life Illustrations: Acquittal and Not Guilty
To better understand the nuances between an acquittal and a not guilty verdict, examining real-world cases provides valuable insight into their procedural and social implications.
Acquittal Example: George Zimmerman
In 2013, George Zimmerman was acquitted in the high-profile trial concerning the death of Trayvon Martin. The incident occurred in February 2012, when Martin was fatally shot during a confrontation with Zimmerman.
In April 2012, Zimmerman was charged with second-degree murder. After a widely publicized trial, the jury acquitted Zimmerman in July 2013, citing self-defense as the primary reason for their decision.
The aftermath of this case sparked nationwide debates on self-defense laws, racial profiling, and gun control. Although Zimmerman was cleared criminally, he faced subsequent civil lawsuits, which continued to fuel public and legal discussions.
Not Guilty Example: Casey Anthony
Casey Anthony’s 2011 trial is another example, this time involving a not guilty verdict. The case began in July 2008, when Anthony’s daughter, Caylee, was reported missing.
In October 2008, Anthony was arrested and charged with Caylee’s disappearance and death. After a contentious trial, the jury found Anthony not guilty of murder in July 2011. However, she was convicted on charges of providing false information to law enforcement.
This trial underscored the challenges of media influence on high-profile cases and highlighted the disconnect between public opinion and legal standards of proof. While Anthony avoided a murder conviction, the case left lingering questions about the role of evidence and public perception in the judicial process.
Both acquittal and not guilty verdicts provide protection against double jeopardy, ensuring that defendants cannot be retried for the same charges.
However, their procedural differences and implications vary significantly. High-profile cases like those of George Zimmerman and Casey Anthony exemplify these distinctions, shaping public discourse and the broader legal landscape.
Is Acquittal the Same as Charge Dismissal?
No, acquittal is not the same as charge dismissal. A defendant acquitted goes to trial, but the prosecutor fails to prove guilt beyond a reasonable doubt to the judge or jury.
Rather than waste time and resources, judges are hesitant to proceed with a trial unless there is a reasonable prospect of conviction.
This could mean the defendant will be absolved from any charges or associated penalties.
Criminal defense attorneys can also appeal to judges for dismissal in cases based on legal grounds such as:
The defendant was arrested without probable cause
The prosecution failed to submit the criminal complaint or documents submitted
An unlawful search and seizure were conducted, defying the fundamental right to privacy according to criminal law
Decoding Double Jeopardy: Key Insights and Applications
Double jeopardy is a fundamental concept in criminal law, ensuring individuals are not tried twice for the same offense under the same jurisdiction.
This section delves into its details, including federal vs. state prosecutions, notable exceptions, international implications, military court scenarios, and recent Supreme Court decisions.
Federal vs. State Prosecutions: How Dual Sovereignty Works
The dual sovereignty doctrine permits both state and federal governments to prosecute the same individual for the same act under their respective laws. This principle reflects the independent authority of state and federal jurisdictions.
Landmark Case: Gamble v. United States (2019)
Terance Gamble, convicted in Alabama for firearm possession, later faced federal charges for the same offense. The Supreme Court upheld the prosecution, citing separate sovereignty as the justification.
Key Takeaway: Dual sovereignty allows state and federal systems to operate independently, even on overlapping crimes.
State-Specific Example: Heath v. Alabama (1985)
A defendant was prosecuted in Alabama for a murder committed in Georgia after being acquitted in the latter state. The Court ruled that prosecutions by separate states do not violate double jeopardy.
When Double Jeopardy Does Not Apply: Exceptions to the Rule
Mistrials: A retrial is allowed if a trial ends prematurely due to a hung jury or procedural errors.
Civil vs. Criminal Proceedings: Criminal acquittals do not prevent civil lawsuits for the same act. For example, someone acquitted of assault could still face a civil case for damages.
Separate Jurisdictions: The doctrine permits parallel prosecutions by federal and state governments or by different states.
Double jeopardy is a cornerstone of criminal law, protecting individuals from repeated prosecutions for the same offense.
Staying informed about these aspects is vital for navigating legal challenges and asserting your rights effectively.
Can Your Criminal Record Be Affected?
Your criminal record can be affected depending on the outcome of the case.
Understanding the processes for expungement and how outcomes like acquittals or convictions impact your record is essential for moving forward.
This section explores state-specific expungement rules, documentation requirements, and the significance of clearing your record.
The Impact of Case Outcomes on Criminal Records
The outcome of a case determines how it reflects on your criminal record.
Dismissal or Acquittal: If charges are dismissed, or a "not guilty" verdict is reached, your record remains clean with no criminal conviction. However, if not expunged, the arrest or charge may still appear on background checks.
Plea Deal or Guilty Verdict: A guilty plea or conviction results in the offense being recorded on your criminal record. This can affect job opportunities and housing prospects [2].
Fortunately, expungement offers a way to remove arrest records and charges from your permanent record, providing a clean slate.
State-Specific Expungement Rules
Expungement laws vary by state, influencing eligibility and timeframes for clearing your record:
California: Individuals can apply for expungement immediately after completing their sentence, including probation.
Texas: Nonviolent felonies and certain misdemeanors may qualify after a waiting period of 2–5 years.
Florida: Expungement is possible if charges were dropped or dismissed, typically requiring a three-year wait.
New York: Limited expungement options exist for specific nonviolent offenses, with a general 10-year waiting period.
Documentation for Expungement
To successfully clear your record, the following documents are often required:
Petition for Expungement: State-specific application forms detailing the request.
Criminal History Report: Official record of arrests and convictions.
Proof of Completion: Documents confirming sentencing requirements, such as probation or fines, have been satisfied.
Court Records: Copies of the case disposition or dismissal documents.
Affidavit: Personal statements outlining the circumstances of the arrest and reasons for seeking expungement.
Importance of Expungement After an Acquittal
Even if you are found not guilty, expunging the record of your arrest or charges is vital. Without expungement, background checks may still reveal the incident, potentially causing issues when:
Applying for Jobs: Employers often conduct detailed background checks, and unexpunged records may limit career opportunities.
Securing Housing: Landlords may reject applications based on visible arrests or charges.
Restoring Rights: Expungement ensures access to rights that may otherwise be restricted, such as professional licenses or voting.
Benefits of Clearing Your Record
Expungement provides more than just legal relief; it offers a fresh start. A clean record enables individuals to pursue employment, secure housing, and rebuild their lives without the burden of past legal issues. It also protects your right to answer "no" when asked about criminal history on applications.
A criminal record, even without a conviction, can create significant barriers. Understanding the nuances of expungement laws and acting promptly to clear your record is crucial for a brighter future.
Consulting with a legal expert can streamline the process and ensure your rights are fully restored, allowing you to reclaim opportunities that may have been out of reach.
Moving Forward After Acquittal: Essential Steps for a Fresh Start
An acquittal marks a significant legal victory, but the journey to fully restoring normalcy often requires additional steps.
From managing legal records to navigating employment and travel, this guide outlines actionable strategies for rebuilding and moving forward.
1. Navigating Post-Acquittal Procedures
Know Your Legal Standing: After an acquittal, you are legally presumed innocent. Take the time to understand your rights concerning public statements and interactions with the media.
Seek Legal Advice: Consult with a legal professional to evaluate any residual legal issues or explore the possibility of civil action.
Consider Expungement: Research options for removing arrest records or other legal traces of your case from public access.
2. Clearing Your Record: Sealing and Expungement
Determine Eligibility: Many states offer record-sealing options for acquitted individuals. Check your jurisdiction’s requirements.
Prepare the Necessary Documents: Compile court records, police reports, and any required petitions for record clearing.
Submit Your Petition: File the necessary paperwork with the appropriate court. Be aware that some states require a hearing to finalize the process.
Monitor the Outcome: Follow up to ensure that records are sealed or expunged as directed by the court.
3. Rebuilding Employment Opportunities
Answer Job Questions Strategically: In many jurisdictions, you are not obligated to disclose arrests that did not result in convictions.
Frame Your Narrative Positively: If asked about your past, emphasize your acquittal and focus on lessons learned.
Target Fair Chance Employers: Seek out companies with policies that support individuals overcoming legal challenges.
4. Addressing Professional Licenses
Review Licensing Rules: Understand whether your licensing board requires you to report criminal charges or acquittals.
Compile Supporting Documents: Gather evidence of your acquittal and any additional materials needed to demonstrate compliance.
Engage Proactively: Notify your licensing board if necessary and provide thorough documentation to ensure your professional status remains intact.
5. Planning for Travel After Acquittal
While acquittals typically do not impose travel restrictions, it is important to verify that no outstanding legal obligations, such as unresolved fines or other requirements, could hinder your plans.
Keeping court documents that confirm your acquittal readily available is advisable, as these can address any questions that may arise during domestic or international travel.
For international trips, consulting a legal professional is recommended to understand how other countries may interpret your case history and ensure a smooth travel experience.
By understanding the steps for sealing records, addressing employment and licensing needs, and preparing for travel, you can move forward with confidence. Consulting legal experts can provide valuable support in reclaiming your rights and opportunities after an acquittal.
FAQs
Can I Get the Charges Dropped?
Yes, it may be possible to get charges dropped. This usually involves negotiations between the prosecution and the criminal defense lawyer to reach an agreement beneficial for both parties, such as reducing the offense or penalty.
What Does It Mean if the Defendant Is Acquitted?
If the defendant is acquitted, the case goes to trial, but the prosecutor failed to demonstrate beyond a reasonable doubt that they had committed the crime. Consequently, due to the lack of evidence presented in court, a case was dismissed, and the proceedings were halted before reaching jury deliberations.
Can a Case Be Reopened After Acquittal?
No case can be reopened after acquittal. Once an individual has been acquitted, pardoned, or found guilty of a specific offense in the trial, they are legally safeguarded from being prosecuted again for the same crime in the same jurisdiction.
What Happens When the Accused Is Acquitted?
When an accused is acquitted, the charges are dropped, and the proceedings are halted without reaching a verdict or jury deliberations. This is usually due to insufficient evidence the prosecution presents that fails to prove guilt beyond a reasonable doubt.
Consequently, the accused will be released from any remaining criminal liability concerning that particular offense.
What Is the Difference Between Being Acquitted and Being Found Not Guilty?
The difference between being acquitted and being found not guilty is that being acquitted means that a judge or jury has found that there was not enough evidence to convict the defendant, leading to a formal declaration of the defendant's innocence. However, being found not guilty also means that the defendant has been cleared of charges, but it specifically indicates that the prosecution failed to prove the defendant's guilt beyond a reasonable doubt.
Talk to a Criminal Defense Lawyer Today
The process of being tried for a crime can be an overwhelming experience. Fortunately, if you are set free from the accusation due to lack of evidence or acquittal, your life won't have to remain in disarray forever; there is hope for rebuilding and returning to normal.
AtSchmidt & Clark, LLP our experienced criminal defense lawyers will guide you through your court proceedings.
If you are found innocent or not guilty in a trial, we'll provide comprehensive advice on what this means for your permanent record and future endeavors. Contact us now for a free consultation session.
Certifications: Civil Trial Law Specialist, Personal Injury Trial Law Specialist by the Texas Board of Legal Specialization, and Civil Trial Specialist by the National Board of Trial Advocacy
Education: Southern Methodist University Dedman School of Law
Published by C.L. Mike Schmidt
Yes, there is a difference between an "acquittal" and "not guilty." Though an 'acquittal' and a 'not guilty verdict' may sound similar, they are not the same.
No, acquittal is not the same as charge dismissal. A defendant acquitted goes to trial, but the prosecutor fails to prove guilt beyond a reasonable doubt to the judge or jury.
Your criminal record can be affected depending on the outcome of the case.