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Florida Drug Defense Attorney > Blog > Drug Crime Defense > Directed Verdicts in Florida Drug Cases

Directed Verdicts in Florida Drug Cases

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In criminal cases, jurors must decide whether the defendant is innocent or guilty of the charges at hand, and the law includes several safeguards to prevent outside factors from influencing the jurors’ decisions.  Jury selection is often a protracted process as prosecutors and defense lawyers examine potential jurors to determine whether they are capable of making an unbiased decision about the case.  During the pretrial phase, the prosecution and defense may file motions about which evidence it is fair to present to the jury during the trial.  Sometimes they even disagree about how to word the jury instructions which the judge reads to the jury before they begin their deliberations.  Based on this, you might be surprised to find out that judges have the right to instruct jurors to acquit the defendant, even though, in practice, this is a rare occurrence.  To find out more about possible outcomes of your criminal trial, contact a Florida drug offenses attorney.

When the Judge Tells the Jury They Must Acquit

The last person who addresses the jurors at a criminal trial, after they hear the closing arguments from the prosecution and defense and before they go to the jury’s chambers to deliberate, is the judge.  The judge reads the jury a set of jury instructions, which outlines the duties of the jury and reminds them of the definition of the crime with which the defendant is being charged.  Jury instructions are unique to each case; they do not need to follow a pre-written script, and the prosecution and defense must review them to see whether they contain language that the lawyers deem prejudicial.  The judge does not have the right to mention juror nullification in the jury instructions; juror nullification is when a jury votes to convict or acquit based on something other than the evidence presented at trial.  An example would be a jury voting to acquit a defendant of marijuana possession because they think it is unfair that marijuana possession is still sometimes illegal, even though they have no doubt that the defendant illegally possessed marijuana.

Despite this, judges have the right to issue a directed verdict if they believe that doing so is in the interest of justice.  A directed verdict in a criminal case is when the judge tells the jury that the only reasonable conclusion to draw from the evidence is that the defendant is not guilty.  Judges can also give directed verdicts in civil trials where there is a jury.  A directed verdict to acquit is one of the best ways that your case can end.  A more likely outcome, though, is that the judge will realize before the trial begins that the evidence against you is not sufficient to prove your guilt beyond a reasonable doubt, and therefore the court will dismiss the charges against you.

Contact FL Drug Defense Group About Drug Cases

A Central Florida criminal defense lawyer can help you if you are being accused of drug crimes but the evidence against you is inconsistent.  Contact FL Drug Defense Group in Orlando, Florida to discuss your case.

Sources:

nolo.com/dictionary/directed-verdict-term.html#:~:text=In%20a%20criminal%20case%2C%20a,of%20acquittal%20for%20the%20defendant.

law.cornell.edu/wex/directed_verdict#:~:text=Primary%20tabs,a%20motion%20by%20either%20party.

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