Even if an accused individual, or defendant, is found guilty at a criminal trial, there may be a way to prevent the judgment from being entered against him. Throughout the criminal process, a serious defect may occur that may allow the defendant to have any conviction reversed.

In order to stop the judgment against him based on a defect, the defendant would have to file a motion for relief. A motion is an application to the court that asks for a particular ruling. There are specific time limits when motions may be filed.

One motion that may be filed by the defendant asks to court to arrest judgment. This means that the court stops a judgment based on a specific defect. There are two defects that'll allow the court to arrest a judgment:

  • The indictment failed to charge a crime
  • The court didn't have authority

Indictment Failed to Charge a Crime

An indictment is a formal written statement from the prosecutor that officially charges the defendant with a crime. The indictment must accurately state the crime that the defendant is accused of committing. This notifies the defendant of the specific crime and allows him to prepare a proper defense for trial.

In order to accurately charge the defendant with a crime, every essential element of the crime must be stated in the indictment. If an essential criminal element is missing, the indictment is insufficient and fails to charge a crime. If this happens, a defendant who's convicted may file a motion to arrest the judgment.

Not every court is in agreement on exactly what needs to be in an indictment. For example, the courts are split over whether the defendant's specific knowledge or intent must be stated. The success of a motion to arrest judgment based on the indictment's failure to state the defendant's knowledge or intent will depend on what court is conducting the trial.

The defendant doesn't waive an objection to a defective indictment if he enters a guilty plea in the trial. Even if he states that he's guilty, his conviction will be reversed if the indictment fails to charge a crime.

Court Didn't Have Authority

The second defect that'll allow the court to arrest a judgment is that it didn't have the authority over the charged crime. Every court has the legal authority to hear particular types of cases. This is called the court's jurisdiction. Some courts have broad authority to hear many different types of cases. Other courts may only have the authority to hear one particular type of case.

If the court that heard the criminal case lacks authority, the defendant can have the judgment against him arrested. For example, a bankruptcy court would probably not have authority to hear the criminal case. Any judgment from a court without authority is void.

Time to File a Motion to Arrest

Like most motions, a motion to arrest has a set time limit that must be met by the defendant. In order to arrest judgment, generally the defendant must file a motion within seven to 30 days after a judgment is entered. In federal court, the time allowed is seven days. Time limits vary in state courts; for example, North Dakota allows seven days; 10 days in Pennsylvania; 30 days in Texas. A court may extend the time for filing the motion. Also, a court may consider an untimely motion if it was the result of excusable neglect.

A timely motion to arrest judgment also stops the running of the time limit to directly appeal the judgment. The time limit to appeal doesn't start until the court rules on the motion to arrest. Therefore, the defendant should file a motion to arrest judgment first. If that motion is denied, then he can appeal for relief from the original judgment.

Questions for Your Attorney

  • If I notice the indictment fails to charge a crime, is it better to file a motion before trial to dismiss the indictment or wait until a judgment is entered to file a motion to arrest?
  • If the court grants a motion to arrest the judgment, do I have to stand trial in the future for the same crime? Could I have to stand trial again if the government fixed the error, such as filing charges in court having proper jurisdiction?
  • How can I find out if the court has authority to hear my case?