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Just finished a trial and after hearing the testimony of 4 people the judge dismissed all charges.

2007-02-11 07:29:43 · 4 answers · asked by ? 3 in Politics & Government Law & Ethics

4 answers

Since you use the word "guilty", I'm assuming this was a criminal case.

There is a difference. If the judge dismissed, then he most likely did so because there was insufficient evidence to charge the defendant.

Not guilty entails a full trial with a jury rendering a verdict of not guilty based on the testimony and evidence.

2007-02-11 07:40:07 · answer #1 · answered by Peter 3 · 1 0

If there was actually a trial, and the judge dismissed the charges, then it would not really be any different from a jury finding you not guilty (although the judge's dismissal may even be more stinging to the government -- it may have been a sign that the gvt should never have brought the case).
If there was not a trial, and the judge dismissed the charges, in some circumstances the government could bring the charges again ("jeopardy" has not "attached" for purposes of the Double Jeopardy clause).
This is certainly something that you should talk to your attorney about.

Congrats on the dismissal.

2007-02-11 15:49:40 · answer #2 · answered by Perdendosi 7 · 0 0

These are not exactly the same.

When a judge dismisses the charges, he or she has determined there is not enough evidence to continue the trial and the defendent goes free.

When a defendent is found not guilty, all evidence has been heard and a judgment is rendered, usually by a jury.

2007-02-11 15:36:36 · answer #3 · answered by Mama Gretch 6 · 1 0

Yes!!!!

The US consitution prevents a person from being tried for the same offense twice. The courts have held that this applies if "jeopardy has attached" to the defendant.

In your case, your mention "hearing" and not "trial". Jeopardy does not attach in hearings. So, the person could be tried again.

If the person was found not guilty via a trial, however, then they could not be charged again.

If this is a real case, be sure to see a lawyer.

2007-02-11 15:55:54 · answer #4 · answered by tallthatsme 4 · 1 0

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