What is the difference between an acquittal and a dismissal in criminal cases?
In criminal cases in Virginia, the difference between an acquittal and a dismissal lies in the reason for the ending of the case. An acquittal is a finding that the accused is not guilty of the charges brought against them. An acquittal occurs after a trial, either by a judge or jury, in which the evidence presented by the prosecution is deemed insufficient to convict the accused. A dismissal, in contrast, is a result of the case ending before the actual trial, and is usually due to a technicality or procedural issue. For example, if the prosecution fails to meet the filing deadline, the defense can move for a dismissal and the case will be dropped. In some cases, a dismissal is also granted when the court determines the prosecution has insufficient evidence or the defense has provided evidence of dominance of the charge. In either case, the accused will no longer face criminal charges, however, an acquittal carries a much more significant impact than a dismissal. An acquittal serves as an explicit declaration that the accused is not guilty, while a dismissal only serves to end the proceedings without any additional ruling or implications.
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