Never Talk to Law Enforcement — And Never Consent to a Search of Your Phone
Should you talk to police without a lawyer? Orlando criminal defense attorney Jacob Stuart explains your right to remain silent and why you should never consent to searches.
Criminal Defense
One of the most common questions people ask when facing criminal charges is:
“What happens if I go to trial?”
It is a fair question — and an important one.
Understanding the possible outcomes of a criminal trial helps defendants make informed decisions about their criminal defense strategy.
Despite what many people believe, a criminal trial does not always end with a simple guilty or not guilty verdict from a jury. Several different outcomes are possible depending on the strength of the evidence and the rulings of the court.
When a criminal case proceeds to trial, several outcomes may occur:
The most straightforward outcome is a not guilty verdict.
In this situation, the jury determines that the prosecution failed to prove the case beyond a reasonable doubt.
When this happens, the defendant is acquitted, and the government cannot retry the case for the same charge due to constitutional protections against double jeopardy.
Another outcome that many people do not realize exists is something called a Judgment of Acquittal, often referred to by lawyers as a “JOA.”
A Judgment of Acquittal occurs when the judge determines that the prosecution has failed to present legally sufficient evidence to support a conviction, even when viewing the evidence in the light most favorable to the State.
In other words, the government’s case is so weak that no reasonable jury could lawfully convict the defendant.
When this happens, the judge has the authority — and the obligation — to dismiss the charge and enter an acquittal as a matter of law.
This can occur:
after the prosecution finishes presenting its case, or
after all evidence has been presented at trial
If a Judgment of Acquittal is granted, the case ends immediately and the defendant is acquitted without the jury returning a verdict.
It is one of the most powerful protections in the criminal justice system because it prevents a person from being convicted based on insufficient evidence.
Sometimes jurors cannot unanimously agree on a verdict.
When this occurs, the judge declares a hung jury, which results in a mistrial.
A mistrial does not mean the defendant is guilty or innocent — it simply means the jury could not reach a unanimous decision.
In those circumstances, the prosecution must decide whether to:
retry the case
negotiate a resolution
or dismiss the charges altogether
The decision often depends on the strength of the evidence and the broader criminal defense process in Florida.
If the jury finds the defendant guilty, the case proceeds to sentencing.
Sentencing may occur immediately after the verdict or at a later hearing depending on the complexity of the case.
If a conviction occurs, the judge determines the appropriate sentence based on several factors, including:
the nature and seriousness of the offense
the defendant’s criminal history
victim impact statements
evidence presented during the trial
Possible sentencing outcomes may include:
probation
fines
community service
incarceration
A conviction after trial is not necessarily the end of the legal process.
Defendants often have the right to file an appeal, which allows a higher court to review whether legal errors occurred during the trial.
Appellate courts may:
reverse convictions
order new trials
reduce or modify sentences
Appeals are a critical safeguard designed to ensure that trials are conducted fairly and in accordance with the law.
Because the stakes can be high, working with an experienced criminal defense trial attorney is critical.
Effective defense strategies often include:
thorough investigation of the facts
challenging unconstitutional searches and seizures
filing strategic pretrial motions
cross-examining witnesses
presenting expert testimony when necessary
The goal is always the same:
to ensure the government meets its burden of proof before anyone’s liberty is taken away.
The constitutional right to trial exists for a reason.
It ensures that the government must prove its case beyond a reasonable doubt before it can take away someone’s freedom.
Whether the outcome is a not guilty verdict, a judgment of acquittal, a mistrial, or a conviction subject to appeal, the trial process is one of the most important protections built into the American justice system.
At Jacob Stuart Law, we take that responsibility seriously — and when necessary, we are fully prepared to defend our clients’ rights in front of a jury.
By Jacob V. Stuart, Jr. | Criminal Defense Trial Attorney | Orlando, Florida
Disclaimer: The information contained in this blog is provided for general informational purposes only and should not be construed as legal advice. Reading this content does not create an attorney-client relationship with Jacob Stuart Law, P.A. Every case is different, and you should consult with a qualified attorney regarding your specific circumstances.
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