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Generally any presiding judge (the judge that ran the trial) can set aside a jury's guilty verdict if they find it is against the weight of the evidence or not based on relevant law. A judge cannot overturn a not guilty verdict.
In the U. S., a court may overturn a jury verdict of "Guilty" and enter a judgment of acquittal or order a new trial in a criminal case. The basis for such action includes situation where the jury has brough in a verdict that is not supported by the evidence beyond a reasonable doubt. This may happen where a jury is prejudiced against a defendant or makes a mistake in its fact finding or application of the law to the fact after the court jury instruction.
United States Federal Rule of Criminal Procedure 29 states:
(a) Before Submission to the Jury. After the government closes its evidence or after the close of all the evidence, the court on the defendant's motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction. The court may on its own consider whether the evidence is insufficient to sustain a conviction. If the court denies a motion for a judgment of acquittal at the close of the government's evidence, the defendant may offer evidence without having reserved the right to do so.
(b) Reserving Decision. The court may reserve decision on the motion, proceed with the trial (where the motion is made before the close of all the evidence), submit the case to the jury, and decide the motion either before the jury returns a verdict or after it returns a verdict of guilty or is discharged without having returned a verdict. If the court reserves decision, it must decide the motion on the basis of the evidence at the time the ruling was reserved.
(c) After Jury Verdict or Discharge.
(1) Time for a Motion. A defendant may move for a judgment of acquittal, or renew such a motion, within 14 days after a guilty verdict or after the court discharges the jury, whichever is later.
(2) Ruling on the Motion. If the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal. If the jury has failed to return a verdict, the court may enter a judgment of acquittal. Subsections (b) and (c) make it absolutely clear that a court may set aside a jury verdict of guilty in a criminal case. The Rules do not give the court any authority to set aside a verdict of acquittal.
The reason the FRCP do not permit a court to set aside a jury verdict of acquittal and enter a judgment of guilty is to preserve the Sixth Amendment guarantee that all criminal defendants shall enjoy the right to a trial by jury as well as to preserve the Fifth Amendment prohibition against double jeopardy.
The reason the FRCP permit a trial court to set aside a jury verdict of guilty and enter one of not guilty, is to preserve the defendant's right not to be convicted of a crime except on evidence beyond a reasonable doubt. In the interests of justice, no trial court should let stand a verdict of guilty where the evidence does not prove guilt beyond a reasonable doubt.
These rights apply to state courts as well as to Federal courts because they have been incorporated into the 14th Amendment because they are a fundamental part of our jurisprudence.
Note that these are the Federal court rules; however most state court rules are modeled after the Federal Rules and all will have some variation of the authority to set aside a guilty verdict.
What else can I help you with?
Can a judge overturn a not guilty verdict?
No, a judge cannot overturn a not guilty verdict. Once a jury or judge has found a defendant not guilty, the verdict is final and cannot be changed by the judge.
If a defendment stands mute at the arranment what plea is entered by the judge?
Not guilty plea
Is a trial judge required to accept guilty plea?
A trial judge is not required to accept a guilty plea. The judge has the discretion to reject a plea if it is not supported by a factual basis or if they believe that accepting the plea would not be in the interest of justice. Additionally, the judge must ensure that the plea is made voluntarily and intelligently. Ultimately, the decision to accept or reject a guilty plea rests with the judge's evaluation of the circumstances surrounding the plea.
Can a judge overturn a verdict of not guilty in Arizona?
A jury verdict of 'guilty' signifies that it is probably a criminal trial. A judge cannot overturn a jury verdict in a criminal trial.
Can a judge enter a plea if the accused refuses to?
Yes, but only a not guilty plea.
Bernie Madoff Plea Agreement?
According to the media and to the judge that accepted his "guilty" plea, there was no plea agreement in place.
Can a judge overturn a case where a July found that a party was found guilty of infringement?
Yes, the judge has the power to do that.
At sentencing hearing can a jury reverse a guilty verdict?
What can be done at a rehearing depends on the purpose of the rehearing. I assume you are referring to a rehearing preceding sentencing. The judge does not overturn a guilty plea at a rehearing. The defendant requests to withdraw the guilty plea and the judge either allows it or does not allow it. Or the defendant can request to change his plea to Not Guilty at a rehearing.
I signed a plea bargain but have'nt seen the judge yet.Can I still withdraw my plea?
Yes. Your plea of guilty would have to be accepted by the presiding judge, following a series of questions the judge will ask you concerning your plea offer and the fact that you're giving up your rights to a fair trial, that you have been explained by your attorney all the details of the plea offer, that if you're a non-US citizen or permanent residency you can be deported, and that you are pleading guilty because you are guilty (or it's in your best interest, a plea known as an Alford plea). If the judge is satisfied that you understand these ramifications they will accept the plea offer and then sentence you accordingly. If at any time before or during the above-mentioned questioning you want to withdraw the plea, you can do so. But once the judge accepts the plea offer and sentences you, you can't turn back.
What is the most likely outcome of a pretrial plea of guilty in an embezzlement case?
If the plea is accepted, the defendant will normally be sentenced by the presiding judge.
Is a plea of nolo contendere the same as a not guilty plea?
No, it is a guilty plea
Can a person retract a plea agreement within forty eight hours after the hearing?
Any plea, including one made as a part of a plea agreement, can be withdrawn up until the moment the judge enters the disposition (guilty/not guilty) at trial.
