What Is a Motion for a Required Finding of Not Guilty in Massachusetts?

In a Massachusetts criminal trial, a motion for a required finding of not guilty is one of the most important tools a defense lawyer has. It’s a way to ask the judge to dismiss the case before it ever goes to the jury.

Under Mass. R. Crim. P. 25(a), the defense can make this motion after the Commonwealth closes its case. The judge has to look at the evidence in the light most favorable to the prosecution and decide whether a rational jury could find each element of the crime beyond a reasonable doubt.

If the evidence falls short, even slightly, the judge must allow the motion and enter a not guilty finding. No jury vote. No further argument. The case ends right there.

I’ve used this motion to win cases when the Commonwealth’s witnesses contradicted themselves, when key facts weren’t proven, or when the evidence simply didn’t meet the legal standard, even if it sounded bad at first glance.

Judges are sometimes reluctant to take a case away from the jury, but the law is clear. If the prosecution doesn’t meet its burden, the defense has every right to ask for a required finding, and sometimes, that’s all it takes to win.