Section 34 – Arresting Judgment

by | May 8, 2021 | Criminal Procedure, Federal

(a) IN GENERAL. Upon the defendant’s motion or on its own, the court must arrest judgment if the court does not have jurisdiction of the charged offense.(b) TIME TO FILE. The defendant must move to arrest judgment within 14 days after the court accepts a verdict...

Section 33 – New Trial

by | May 8, 2021 | Criminal Procedure, Federal

(a) DEFENDANT’S MOTION. Upon the defendant’s motion, the court may vacate any judgment and grant a new trial if the interest of justice so requires. If the case was tried without a jury, the court may take additional testimony and enter a new judgment.(b)...

Section 32.2 – Criminal Forfeiture

by | May 8, 2021 | Criminal Procedure, Federal

(a) NOTICE TO THE DEFENDANT. A court must not enter a judgment of forfeiture in a criminal proceeding unless the indictment or information contains notice to the defendant that the government will seek the forfeiture of property as part of any sentence in accordance...

Section 32 – Sentencing and Judgment

by | May 8, 2021 | Criminal Procedure, Federal

(a) [RESERVED.](b) TIME OF SENTENCING. (1)In General. The court must impose sentence without unnecessary delay.(2)Changing Time Limits. The court may, for good cause, change any time limits prescribed in this rule.(c) PRESENTENCE INVESTIGATION.(1)Required...

Section 31 – Jury Verdict

by | May 8, 2021 | Criminal Procedure, Federal

(a) RETURN. The jury must return its verdict to a judge in open court. The verdict must be unanimous.(b) PARTIAL VERDICTS, MISTRIAL, AND RETRIAL.(1)Multiple Defendants. If there are multiple defendants, the jury may return a verdict at any time during its...