When Can A Defense Attorney Ask For An Acquittal?
If your case goes to trial, a jury will decide whether you are innocent or guilty after hearing from both your attorney and the prosecutor. However, sometimes it’s not up to the jury to make a decision. If your attorney believes that the state did not present enough evidence to prove you committed the crime, he may file a motion for acquittal. This motion asks the court to take the case from the jury and allow the judge to acquit the defendant of all charges.
An experienced attorney, like David Abbott, will usually file this motion after the state has wrapped up its case, when its clear that there is an insufficient amount of evidence.