You have been charged with a crime and go to trial. You think the evidence is weak, so you plead not guilty. The prosecution doesn’t have enough proof that you are guilty, so they can’t prove it beyond a reasonable doubt. You might even be able to convince the jury that someone else committed the crime. Not-guilty verdicts are good news for defendants in criminal trials, but they can also create problems for prosecutors. Frequently, when prosecutors appeal not-guilty verdicts in criminal cases, it is because of something known as double jeopardy. Double jeopardy refers to a situation where an individual cannot be tried again for the same crime or an equivalent version of that crime. If you get a not guilty verdict after going on trial for a criminal charge, can the prosecution appeal? Let’s take a closer look at double jeopardy and whether or not your case falls under the umbrella of these protections.
Can The Prosecution Appeal A Not Guilty Verdict?
The short answer is “Yes, the prosecution can appeal a not-guilty verdict”. In the United States, there are two different types of trials: criminal and civil. Criminal trials are for offenses that are punishable by incarceration in a prison or jail. Civil trials are for disputes between two parties that are not criminal in nature.
What Type Of Appeal Can The Prosecution File?
1. Direct Appeal:
This is a review of the case by the appellate court, which is usually made up of three judges. The appeals court will look at the legal errors that were made by the trial court and decide whether or not they were harmful enough to warrant a new trial.
2. Indirect Appeal:
This is when prosecutors bypass an appeal of the verdict and go straight to asking for a new trial (known as a writ of certiorari). They can do this if they believe there was an egregious error during the trial that affected their ability to win the case. If a court grants the writ, then the case will go back to trial.
3. Habeas Corpus:
In this instance, the prosecution will appeal to a higher court on the grounds that they were not given enough time to prepare for trial. This is usually done when there was a delay in bringing the defendant to trial after they were arrested or charged with a crime (known as “pre-indictment delay”).
How To Appeal A Not Guilty Verdict
Know The Limitations Of A Not Guilty Verdict
First and foremost, you should be aware of the fact that the verdict of not guilty doesn’t automatically mean that you won’t face any consequences as a result of the trial. In fact, there are several ways in which your life could be impacted, even if you are not found guilty. This can be especially true if you were facing more than one charge. For example, if you were charged with assault and reckless endangerment, and you were found not guilty of assault, but guilty of reckless endangerment, you should know that your reckless endangerment charge will still stand. This is because the not guilty verdict applies only to the specific charge that you were facing. So, while you won’t have to face the consequences of the assault charge, you can expect to be sentenced for the reckless endangerment charge. Therefore, you should be aware of the limitations of a not guilty verdict so that you can prepare for the consequences that you may still face.
Understand What An Appeal Is
As mentioned above, a not guilty verdict alone does not mean that you will no longer face any consequences as a result of the trial. Rather, it simply means that you do not have to face the consequences at that time. This is because the prosecution will likely file what is known as a Notice of Appeal, in which they challenge the verdict and request a retrial. This is not something that you can challenge, but rather something that you can respond to. Therefore, you should understand that your not guilty verdict will be meaningless if the prosecution chooses to appeal. This is because they have the right to appeal your verdict and ask that the charges be reinstated. It is therefore your job to appeal the verdict on your own terms. This is done by filing what is known as an appeal or motion for a new trial.
Decide Whether You Want To Appeal
Let’s be honest, appealing your verdict may not be the best option for every defendant. Sure, you were found not guilty, but that doesn’t necessarily mean you were found not guilty by a reasonable and rational jury. In fact, there are many reasons why a jury might find you not guilty that don’t reflect well on your case. For example, a juror may have intentionally or unintentionally tampered with the verdict because of personal bias, or because they wanted to end the trial as quickly as possible. Therefore, there may be many reasons why you might want to appeal your verdict. If you feel as though you weren’t given a fair trial, or that the jury wasn’t reasonable, you may want to appeal your verdict to get another chance at proving your innocence.
Check If There’s A Legal Basis For Your Appeal
If you feel as though there are legitimate reasons for appealing your verdict, the next step is to explore the legal basis for your appeal. There are many different ways in which you can challenge your verdict and claim that you were wrongfully found not guilty. For example, you can argue that the judge made a legal error during the trial, or that the prosecution failed to meet a legal burden of proof. You can also argue that there was juror misconduct, or that new evidence was discovered that would have significantly impacted the outcome of the trial.
Prepare A Motion To Stay The Sentencing Date
If you decide that you would like to appeal the verdict, the next step is to file a motion to stay the sentencing date. This is basically a request for the judge to push back the date that you are required to be sentenced. By filing a motion to stay the sentencing date, you are basically putting a pause on the sentencing while the appeal is being decided. This is important because you don’t want to be sentenced while you are appealing the verdict. This would put you in a very difficult situation as you would have to come up with the money to pay your fines or restitution while still appealing the verdict. Therefore, it is in your best interest to file a motion to stay the sentencing date.
Ask For A New Trial Based On the Irregularity Of the Process
If you feel as though the jury made a decision that was influenced by an irregularity of process, you might want to file a motion for a new trial based on irregularity of process. This is a legal term that describes an error that occurred during the trial process. For example, if you believe that the police improperly obtained a warrant, or that a juror failed to disclose a piece of information that would have been very relevant to the case, you can file a motion for a new trial based on irregularity of process.
Ask For A New Trial Based On Newly Discovered Evidence
If you believe that there is newly discovered evidence that would have significantly impacted the outcome of the trial, you can file a motion for a new trial based on newly discovered evidence. This is another term that describes a situation in which new evidence was discovered after the trial ended. For example, if a key witness failed to appear in court, or if they provided false information, you can use that as newly discovered evidence.
Ask For A New Trial Based On Jury Misconduct
If you feel as though the jury engaged in misconduct during the trial, you can file a motion for a new trial based on jury misconduct. This is when a jury fails to follow the rules or protocol that was established before the trial began. For example, if you believe that a juror failed to disclose a conflict of interest, or if a juror failed to remain impartial, you can use that as a basis for a motion for a new trial based on jury misconduct.
Ask For A New Trial Based On Bad Advice From the Counsel
Finally, you can file a motion for a new trial based on bad advice from counsel. This is when you feel as though your lawyer provided substandard legal advice. For example, if you believe that your lawyer failed to discover crucial evidence or failed to interview important witnesses, you can use that as a basis for a new trial based on bad advice from counsel.
Bottom Line
If the prosecution can meet these criteria, they can appeal a not guilty verdict in criminal court. Double jeopardy protections are designed to protect individuals from excessive prosecution. If you are found not guilty, you can rest assured that the prosecution cannot appeal your not guilty verdict. Whether you are accused of a crime or you are an individual who is trying to defend yourself against a crime allegation, understanding the law is important.
