What is the difference between an acquittal and a dismissal in criminal cases?

An acquittal and a dismissal in criminal cases both result in the defendant not being found guilty, but there is a difference between them. An acquittal occurs when the jury finds the defendant “not guilty” after a trial. This means the jury believes that the prosecution failed to prove the defendant’s guilt beyond a reasonable doubt. An acquittal has very few restrictions on the defendant and they will be free to go with no further action taking place. A dismissal, on the other hand, occurs when the prosecution decides to withdraw the case against the defendant. This can occur for a number of reasons such as insufficient evidence or if the prosecution decides the case isn’t worth pursuing. Unlike an acquittal, a dismissal may not be final, as the prosecutor can refile the case against the defendant in the future. In California, under Penal Code 1377, the court can dismiss a criminal case for a variety of reasons such as if the evidence is insufficient to sustain a conviction, or if the defendant has successfully completed a term of probation. However, in some instances, the prosecutor can object to the dismissal, and the court may overrule the objection and allow the case to proceed. Ultimately, the biggest difference between an acquittal and a dismissal is the way in which they are obtained. An acquittal is a verdict by a jury, while a dismissal is a decision made by the prosecution. In both cases, the defendant is not found guilty and the charges are dropped.

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What is the difference between an acquittal and a dismissal in criminal cases?

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