Legal Question in Criminal Law in California

is a verdict of "not true" the same as an acquittal? If a "not true" verdict is rendered on special allegations, can the person be retried for the same special allegations, once found "not true?"


Asked on 7/21/10, 3:02 pm

1 Answer from Attorneys
Robert Marshall Law Office of Robert L, Marshall

Yes. A "not true" verdict on special allegations is the same as a "not guilty" verdict on an underlying charge.

Of course, if the defendant was acquitted on the underlying charges, he can't be retried on the special allegations because there's nothing for the special allegations to attach to.

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Answered on 7/22/10, 9:23 am


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