Understanding RCr 7.22 – Directed Verdict
A motion for directed verdict is one of the most powerful tools available to the defense during a criminal trial. Under RCr 7.22, the defendant may move for a directed verdict of acquittal at the close of the prosecution’s evidence (or at the close of all evidence), arguing that the prosecution has failed to present sufficient evidence to sustain a conviction.
What the Rule Covers
RCr 7.22 allows the defense to ask the court to enter a judgment of acquittal when the prosecution’s evidence, even viewed in the light most favorable to the Commonwealth, is insufficient to sustain a conviction. The court must determine whether a reasonable jury could find guilt beyond a reasonable doubt based on the evidence presented.
How It Works
At the close of the prosecution’s case-in-chief, defense counsel moves for a directed verdict. The court views all evidence in the light most favorable to the prosecution. If no reasonable jury could find guilt beyond a reasonable doubt, the court grants the motion and enters a judgment of acquittal. If denied, the defense may renew the motion at the close of all evidence.
What Defendants Need to Know
A directed verdict results in acquittal — the case is over and double jeopardy attaches, meaning the prosecution cannot retry you. However, courts rarely grant directed verdicts because the standard heavily favors the prosecution. Even so, making the motion preserves the issue for appeal and forces the court to evaluate the sufficiency of the evidence.
Common Issues
- Preservation for Appeal: Failure to move for directed verdict may waive the right to challenge sufficiency of evidence on appeal.
- Standard of Review: The court views evidence most favorably to the prosecution, making the bar high for the defense.
- Partial Directed Verdict: The court may grant a directed verdict on some counts while denying it on others.
How Clark + Harris Can Help
Clark + Harris makes strategic directed verdict motions in trials across Lexington and Louisville. Call 859-474-0001.
Frequently Asked Questions
How soon should I contact Clark + Harris after being charged in Kentucky?
As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.
Does Clark + Harris represent clients throughout Kentucky?
Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.
What happens during a free consultation with Clark + Harris?
We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.
Related Resources
If this information applied to your situation, the following Clark + Harris guides may also be helpful:
- Improper Passing of a School Bus in Kentucky — KRS 189.370
- Burglary Third Degree in Kentucky — KRS 511.040
- KRS 630.020 – Status Offenses in Kentucky Juvenile Court
- Second-Degree Assault in Kentucky: KRS 508.020
- Contributing to the Delinquency of a Minor in Kentucky — KRS 530.070