Going to trial: A “not guilty” verdict

If you face criminal charges in Florida, one of the most valuable assets you can have – along with an experienced Miami criminal defense attorney – is knowledge. As such, we have worked to provide a detailed outline of criminal procedure to familiarize you with the process and ensure that you know your legal rights at every step.

Thus far in our overview, we’ve taken you from the initial arrest or Notice to Appear to the conclusion of the trial itself. In our last installment, we discussed what happens if the jury cannot come to a unanimous decision on the formal charge, or opts to convict you of a lesser crime than the prosecution has accused you of. Now, we’ll review what happens if the jury returns to the courtroom with an outright verdict of guilty or not guilty.

If the allocated representative of the jury declares that you have been found not guilty, it means that your Miami criminal defense lawyer has established, at the very least, that the prosecution did not present an adequate case against you. At this point, you will be cleared of all charges and are free to go.

Typically, the prosecution will not be able to appeal your case within the same jurisdiction. This is because the Fifth Amendment of the U.S. Constitution guarantees that no individual shall “be subject for the same offense to be twice put in jeopardy of life or limb.”

By law, the prosecution may call for a retrial if the jury is deadlocked or they have grounds to believe that some form of jury misconduct has occurred. We’ll discuss the forms that this charge can take in a future post.

Have you been charged of a misdemeanor or felony in the Sunshine State? Call Scott. A. Ferris, Esq. at 305-670-3330 to review your case.