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Simple English definitions for legal terms
motion in arrest of judgment
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A quick definition of motion in arrest of judgment:
Term: Motion in Arrest of Judgment
Definition: A motion made by a defendant in a criminal case claiming that there is a serious mistake in the legal process that makes the entire trial and judgment invalid. It can also be a motion made after a judgment has been made, claiming that the charges against the defendant were not strong enough to support the verdict.
A more thorough explanation:
Definition: A motion made by a defendant in a criminal case claiming that there is a significant error on the record that invalidates the entire proceeding and the judgment. It can also be a post-judgment motion in a criminal case claiming that the indictment is insufficient to support a conviction.
Example 1: A defendant is convicted of a crime, but during the trial, the judge allowed evidence that was obtained illegally. The defendant can file a motion in arrest of judgment, arguing that the evidence should not have been allowed and that the entire proceeding was tainted.
Example 2: A defendant is convicted of a crime based on an indictment that does not provide enough information to support the charges. The defendant can file a motion in arrest of judgment, arguing that the indictment was insufficient and that the conviction should be overturned.
These examples illustrate how a motion in arrest of judgment can be used to challenge the validity of a criminal conviction. If there is a significant error in the record or the indictment is insufficient, the defendant may be able to have the conviction overturned.