⚖️ Judgment of Acquittal (JOA) in Florida Criminal Trials
In every Florida criminal trial, the prosecution must prove all elements beyond a reasonable doubt. If they fail, your attorney may move for a judgment of acquittal in Florida—a powerful tool that can end the trial before it ever reaches a jury.
That’s where a motion for judgment of acquittal (JOA) comes in.
If the State’s evidence is legally insufficient, your defense attorney can ask the judge to enter a not-guilty verdict before the case ever reaches the jury. In Fort Lauderdale and throughout South Florida, a successful JOA can end the trial early—and permanently.
🔍 What Is a Motion for Judgment of Acquittal?
A motion for JOA argues that no reasonable jury could convict, even if all the State’s evidence is viewed in the light most favorable to the prosecution. It challenges the legal sufficiency of the case—not credibility or witness testimony.
If the motion is granted, the court enters a judgment of acquittal and the case ends. Double jeopardy applies, so the defendant cannot be retried.
Our Fort Lauderdale criminal defense team frequently seeks a judgment of acquittal when the State’s case is weak.
📆 When Is a JOA Filed?
Defense attorneys typically file a motion for judgment of acquittal:
✅ At the close of the State’s case
✅ Again at the close of all evidence
Filing at both stages is critical. Failing to timely move for a JOA may waive appellate rights, especially challenges based on evidentiary insufficiency.
⚖️ The Legal Standard for a JOA in Florida
Florida judges evaluate JOA motions using a strict legal standard:
Could a rational jury convict based on the evidence, even with all conflicts and inferences resolved in favor of the State?
If the answer is no, the judge must grant the motion. On appeal, this ruling is reviewed de novo—meaning the appellate court gives no deference to the trial court’s decision.
🚫 What Happens If a JOA Is Granted?
The trial ends immediately
The State cannot appeal
Double jeopardy attaches — no retrial is allowed
It carries the same legal weight as a not-guilty verdict
A judge may also grant a JOA sua sponte (on their own), without the defense having to request it.
In many cases, we also file motions to suppress and dismiss charges before trial begins.
If you’ve been charged with a serious crime, a properly timed Florida judgment of acquittal motion may be the turning point in your defense.
📍 Judgment of Acquittal in Fort Lauderdale Criminal Defense Cases
At Michael White, P.A., we aggressively identify weak prosecution cases and move for JOA when appropriate. This strategy can apply in:
Drug trafficking cases
DUI trials
Aggravated assault charges
Sexual battery
White-collar crimes
Gun offenses
Our early trial prep allows us to act quickly when the State’s case falls apart—especially in cases where pleading guilty vs. going to trial is a close call.
📞 Call (954) 954-270-0769 today to schedule your free consultation with a Fort Lauderdale criminal defense lawyer.
A JOA isn’t the only way to end a case early—especially if you’re also facing probation consequences in Fort Lauderdale.
💬 Judgment of Acquittal: FAQ
Q: Is a JOA the same as a not-guilty verdict?
A: Yes. A granted JOA ends the case and prevents retrial.
Q: Can a judge grant a JOA without a motion?
A: Yes. Judges may grant a JOA on their own if they believe the evidence is legally insufficient.
Q: Can the State appeal a judgment of acquittal?
A: No. Double jeopardy prevents further prosecution once a JOA is entered.
Q: What kinds of charges can JOA apply to?
A: Any criminal charge where the evidence fails to support all elements—common in complex cases like trafficking, fraud, or aggravated assault.
Q: What happens if a JOA is denied?
A: The trial proceeds to verdict—but the denial preserves issues for appeal if raised again post-verdict.