Going to trial: A “guilty” verdict

Have you been charged with a criminal act in the state of Florida? If so, you undoubtedly have a few questions about what you can expect in the weeks – or months – that lie ahead. As well as securing the aid of an experienced and relentless Miami criminal defense lawyer, it may help your case (and ease your nerves) to learn more about the entire process.

In recent weeks, we’ve detailed every step from initial arrest to jury deliberation. Today, we’ll discuss what happens if the jurors find you guilty of the prosecution’s charge.

As with practically every other aspect of the criminal process, this step isn’t as cut and dry as you may think. After a representative of the jury has announced the verdict, it falls to the presiding judge to make the official ruling. At this time, your Miami criminal defense attorney may deem it appropriate to file a motion for a judgment notwithstanding the verdict, which would call for the judge to rule on the case without referencing the jury’s findings.

“This motion argues that no reasonable jury could reach the verdict that the jury in this case just did.  In other words, it claims that the jury did not follow proper instructions and ruled for the opposing party based on legally insufficient evidence,” according to the Legal Information Institute at Cornell University.

The source notes that, in a federal court, this step is referred to as a motion for judgment as a matter of law.

If the judge upholds the jury’s verdict, he or she will schedule a date for your official sentencing. Until that time, you will be taken into custody. In upcoming installments, we’ll review the elements that the judge will consider to determine your sentence, and what steps your Miami criminal defense attorney may take on your behalf.

Scott A. Ferris, Esq. is an established criminal defense attorney with more than 25 years of experience. Call him at 305-670-3330 for a free five-minute consultation about your case.