ARREST OF JUDGMENT Meaning and
Definition
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Arrest of Judgment refers to a legal term used in the field of criminal law. It is a procedural mechanism that allows a defendant to challenge a previous criminal conviction after a guilty verdict has been rendered, but prior to the judgment or sentencing being pronounced. The purpose of the arrest of judgment is to ensure that a fair and just outcome is achieved in criminal cases.
When a defendant files an arrest of judgment motion, they are essentially requesting the court to review and reconsider the guilty verdict that has been obtained against them. They may argue that certain legal errors were made during the trial that warrant a new trial or a dismissal of the charges.
Common grounds for filing an arrest of judgment motion include the discovery of new evidence that was not available during the trial, the identification of serious legal errors or inconsistencies in the court proceedings, or the violation of the defendant's constitutional rights during the trial.
In order for an arrest of judgment motion to be successful, the defendant must demonstrate to the court that the errors or deficiencies identified are substantial enough to warrant a reconsideration of the guilty verdict. If the court grants the arrest of judgment motion, the guilty verdict is set aside, and the case may proceed to a new trial or be dismissed altogether. Conversely, if the motion is denied, the judgment stands, and the defendant may proceed with an appeal to a higher court.
