It is undeniably a great feeling when a judge tells you that you are no longer facing criminal charges and you are free to leave the courtroom and go on with your life. Most people who achieve this outcome in their criminal cases do so without having to spend hours, or even days, waiting in suspense while the jury deliberates. Instead, the judge decides unilaterally to dismiss the case because there is insufficient evidence against the defendant, or else the prosecution declines to pursue the case through an action called nolle prosequi because it would be impossible or unjust to convict the defendant.

There is yet another option, though. It is possible for the judge to instruct the jury to return a verdict of not guilty; when this happens, it is called a directed verdict. A Tulsa criminal defense lawyer can help you emerge from your criminal case without a conviction, either through a directed verdict or by some other means.

When Do Directed Verdicts Serve the Interests of Justice?

The role of the judge in a trial is to ensure that the trial is fair. Therefore, judges must not be biased toward one party or the other; if one party reasonably believes that the judge is biased, they can ask to have the case reassigned to another judge. In bench trials, where there is no jury, the judge also decides the ruling. This usually occurs in civil cases, where the defendant either must or must not pay damages to the plaintiff. Criminal trials almost always have a jury since this is a constitutional right; defendants in criminal cases may request a bench trial if they believe that the case has received so much media coverage or is so well known in the local community that it would be impossible to find 12 unbiased jurors.

In a jury trial, the judge’s role is to ensure that neither party unfairly biases the jury. This means that, during the pretrial phase, the judge issues decisions on which evidence to include and which to exclude from the trial. The judge also gives the prosecution and defense a chance to review the jury instructions and suggest modifications before the trial begins. If it becomes clear during the trial that the evidence against the defendant is insufficient, the judge has the right to issue a directed verdict. In a civil trial, this means that the judge instructs the jury that a ruling in favor of the defendant is the only fair outcome. In a criminal trial, it means that the judge instructs the jury to acquit the defendant. Directed verdicts are rare, but they are especially rare in criminal cases.

Contact Tracy Tiernan About Criminal Defense Cases

A criminal defense lawyer can help you get a verdict of not guilty, perhaps even through a directed verdict, or have your case dismissed if you have pleaded not guilty to criminal charges. Contact Tracy Tiernan in Tulsa, Oklahoma, to discuss your case.