Most criminal defendants hope that their cases will end favorably, with a dismissal or an acquittal. While these two outcomes seem similar, however, they don’t mean the same thing.
The difference involves who ended the case, why it ended – and, most critically – whether the prosecution can bring the charges again. When you’re facing any kind of criminal charges, those distinctions matter.
A dismissal ends the case without a verdict
When a case ends in dismissal, the court does not determine whether a defendant is guilty or not.. Charges may be dismissed by the court before a trial begins, during the trial or as part of a plea deal.
Charges may be dismissed because the evidence is too thin to support a conviction, witnesses are unavailable or further investigation raises doubts. Cases may also be dismissed over violations of a defendant’s rights or other procedural mistakes.
It is important to determine if a dismissal was made “with prejudice” or “without prejudice.” A dismissal with prejudice generally prevents the prosecutor from filing the same charge on the same facts again. A dismissal without prejudice, however, generally allows the prosecutor to refile the charges as soon as they correct whatever deficiency led to the dismissal.
An acquittal involves a decision on guilt
By comparison, an acquittal is much more straightforward. It requires a formal judgment that the prosecution has failed to prove the defendant’s guilt “beyond a reasonable doubt.” This could be the result of a direct decision by the judge or after a jury returns a not guilty verdict. It does not necessarily mean that a defendant is innocent. It simply means that the prosecution did not satisfy its burden of proof. Broadly speaking, an acquittal also means that the defendant’s constitutional protections against “double jeopardy” prevent the state from trying the same case again.
Anyone whose criminal case ends without a conviction should confirm exactly how the court resolved each charge. That can make it easier to understand exactly what legal options you have and what steps to take next.