Facing criminal charges in Georgia is not something that should be taken lightly, as the penalties for many crimes, even misdemeanors, can be incredibly impactful. As such, understanding the different outcomes you may receive after being charged with a crime is critical. One thing many are unsure of is the difference between an acquittal and a dismissal. If this reflects your circumstances, the following blog explores what you should know about these matters, including how they differ and whether or not they warrant the removal of your arrest from your criminal record. You’ll also learn the importance of working with a Cobb County criminal defense lawyer to discuss your legal options.
What Does an Acquittal Mean for Those Facing Charges in Georgia?
In Georgia, when someone is acquitted of a criminal offense, it means they have been tried in a court of law and found not guilty of the charges against them, whether by a jury of their peers or the judge assigned to the case. This means you will not be convicted of a crime.
Generally, an acquittal occurs when the prosecution fails to prove, beyond a reasonable doubt, that someone is guilty of a criminal offense. It is important to understand that once you are acquitted of a crime, you cannot be retried for the offense, as that would constitute double jeopardy. As such, this means once the “not guilty” verdict has been delivered, the case is closed.
How Is This Different from a Dismissal?
A dismissal, on the other hand, is different from an acquittal in that you generally have not proceeded to trial before the charges against you are dropped. Most often, this is the result of the prosecution’s failure to obtain sufficient evidence against you.
In Georgia, charges can be dismissed with or without prejudice. If the charges are dismissed with prejudice, it means that your case is permanently closed, and the prosecution cannot refile. This is often the result of a violation of legal rights during the investigation. Should your case be dismissed without prejudice, it means the prosecution likely needs more time to gather evidence, so the charges may be temporarily dropped and refiled at a later date.
Can Charges Be Removed From My Record if My Case Is Dismissed or I’m Acquitted?
If you are acquitted of criminal charges in Georgia, it’s important to understand that, despite the fact that you are found not guilty of the alleged offense, the removal of your arrest from your criminal record is not automatic. As such, you must file for a record restriction, which will be granted in most instances, with the exception of some cases like sexual assault. You are also generally eligible to request a record restriction for charges that have been dismissed with the exception of violent offenses.
Facing a criminal offense in Georgia can be an incredibly complex and overwhelming matter to navigate. It is imperative to understand that you do not have to go through this process alone. At Miller Law Practice, we understand how difficult it can be to face criminal charges, which is why we are committed to doing everything possible to help you fight for the best possible outcome. When you need help, our firm is here. Contact us today to learn how we can represent you.
