What Does Acquitted Mean?
Being accused of a crime is a stressful and difficult experience. While on trial, unsure of your future, you will hope that the jury will ultimately come to a verdict other than guilty. When this happens, and there is no conviction, you will be free to live your life, also known as an acquittal.
The jury’s verdict could determine whether you are acquitted or not guilty of your crimes. Even if you are acquitted, a crime could remain on your criminal record, depending on the verdict posed by the jury. However, you do have options for expunging charges.
There are many moving parts during and following your criminal defense trial, and keeping up with it can become difficult. No matter what stage of the defense process you are in, our De Castroverde Law Group team can inform you of your legal options.
What’s the Difference Between “Acquitted” and “Not Guilty”?
In a criminal trial, the prosecution must prove that the defendant (the person accused of committing a crime) is guilty beyond a reasonable doubt. Both the prosecution and the defense present their evidence and legal arguments to a jury (or a judge, in a bench trial), who then decides the defendant’s guilt or innocence as the “trier of fact.”
This context matters for understanding the difference between “not guilty” and “acquitted.” Being found not guilty means the prosecution could not prove the defendant’s guilt beyond a reasonable doubt. This could happen in several ways, not all involving a criminal trial.
Being acquitted means a jury or judge has issued a formal verdict saying the defendant is not guilty after weighing all the evidence and legal arguments. A formal acquittal is important in criminal cases because it triggers the U.S. Constitution’s protections against double jeopardy, meaning the state cannot try someone twice for the same offense.
Notice that neither “not guilty” nor “acquitted” is the same as “innocent.” Both terms mean that the prosecution could not meet the legal requirements to convict the defendant of a crime. The defendant may have committed the crime, but the trial may not have had sufficient proof to convince the jury.
How You Could Be Found Not Guilty Without an Acquittal
Being found not guilty doesn’t always result in a formal acquittal by a judge or jury. There are several ways to avoid a guilty verdict without going through a full trial.
One way is if the judge dismisses the charges against the defendant. A judge might dismiss charges if they find insufficient evidence to support the case. This can happen before or during the trial.
Appeals are another route to a not-guilty outcome. A higher court can review the case if a jury convicts a defendant and the defendant appeals the decision. If the appeals court finds any evidence of legal errors, it can overturn the conviction. This doesn’t mean the defendant is formally acquitted, but it does mean they are no longer guilty of the crime for which they were convicted.
In rare cases, a court might deem a defendant not guilty because of insanity. In this situation, the court decided that the defendant was not mentally capable of understanding what they were doing at the time of the crime or did not know what they were doing was wrong. This verdict means the person isn’t held criminally responsible due to their mental state. Instead of going to prison, they often receive treatment in a mental health facility. This differs from a traditional acquittal but still results in the defendant not being found guilty of the charges against them.
Finally, a case can end in a mistrial. A mistrial can occur if the jury can’t reach a unanimous decision or if there’s some significant error during the trial. In this case, the defendant isn’t acquitted, but they also aren’t found guilty.
Being Acquitted vs. Dropped Charges
In certain situations, the prosecution might drop charges against a defendant, which is another “not guilty” outcome. For example, the prosecution might drop some charges in exchange for a guilty plea from the defendant. The defendant is effectively found not guilty of the dropped charges.
Another reason why the prosecution might drop charges against someone is if they decide they don’t have enough evidence to secure a conviction. Criminal trials are expensive and can take a long time, and prosecutors want to use their resources in cases where they’re most likely to obtain a conviction. If they believe that they don’t have a strong case against a defendant, they might drop some or all of the charges, meaning the defendant is not guilty of those charges.
A dropped charge differs from when a judge dismisses the charges in a case. Prosecutors decide to drop charges, while a dismissal means the judge has decided that the prosecution doesn’t have enough evidence to make their case. Either way, the defendant is not guilty of a crime, but neither of these outcomes is the same as an acquittal.
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Sealing Your Record and Expunging Charges
To have your record cleared of any arrest or charges that took place, you must have the charges expunged from your record. Expungement erases the arrest from ever taking place. NRS 179.255 defines all the parameters that must be met in different circumstances for your record to be sealed or expunged.
Sometimes, you may be unable to expunge your record, but you could have it sealed. Sealing your record differs from expunging charges in that sealing a record does not completely remove the charges. Rather than destroying the charges like with an expungement, the charges remain on the record, but they are now confidential and cannot be viewed except in very specific circumstances.
After your trial has resulted in an acquittal or not guilty verdict, you will continue to work with your defense attorney to have the charges and arrest expunged. If you do not do this, anyone who looks up your criminal record will still see that you were arrested and have the right to ask about it. If your record is expunged or sealed, you can deny that you have been arrested for any crime as long as there were no other arrests on your record.
If you were convicted of a crime, there is still the chance for you to expunge or seal your records. In some rare instances, you cannot lawfully deny the arrest to certain agencies. Your attorney can guide you through the expungement or sealing of records to ensure you follow the law when asked about your arrest history.
Do not hesitate to have your record expunged following your trial; it is very important to do so after a not-guilty verdict is reached. Failing to do so could prevent you from being hired for a job, living in a particular community, or being granted other rights.
What Is a Partial Acquittal?
Criminal cases may involve multiple charges against a single defendant. When that happens, a jury might decide that the defendant is guilty of some charges but not guilty of others. This situation is called a partial acquittal. The defendant cannot be tried again for any charges the jury acquitted, but they will still face the consequences for the other charges.
How Criminal Defense Attorneys Can Help You Fight for an Acquittal or Not Guilty Outcome
Our Las Vegas defense lawyers understand the high stakes in criminal cases, and we can help you explore all your potential options for an acquittal or not guilty outcome.
To start, we’ll examine your case’s facts and the prosecution’s evidence against you. If the police obtained any evidence illegally or there are other violations of your rights, we can seek to have that evidence dismissed. This could lead the prosecution to drop the charges against you.
Sometimes, a plea bargain might be a smart move to avoid the worst possible outcome in your situation. We can negotiate in pursuit of a plea deal with the prosecution, which might cause them to drop some of your charges.
We’re fully prepared to defend you in court and fight for an acquittal if necessary. Our legal team includes a former Clark County prosecutor, which helps us prepare for the arguments and evidence they might use against you. Finally, we can assist you with filing an appeal if any legal errors occur during the trial.
De Castroverde Law Group is committed to upholding the rights of criminal defendants in Nevada. Call us today or complete our contact form for a consultation.