What Is a Rule 20 Motion in Arizona?
Why It Can End a Criminal Case Before the Jury Deliberates
Many people assume that once a criminal case reaches trial, the jury will decide whether the defendant is guilty or not guilty.
That's not always true.
Arizona law gives judges the authority to dismiss criminal charges before the case ever reaches the jury if the State hasn't presented enough evidence.
This is called a Rule 20 Motion for Judgment of Acquittal.
What Is a Rule 20 Motion?
After the prosecutor finishes presenting evidence at trial, the defense has the opportunity to ask the judge to dismiss one or more charges.
The argument is straightforward:
Even if every witness is believed, the State still hasn't presented enough evidence for a reasonable jury to find guilt beyond a reasonable doubt.
If the judge agrees, the charge is dismissed without the jury ever considering it.
When Is a Rule 20 Motion Filed?
Most Rule 20 motions are made:
after the State rests its case, and
before the defense presents any evidence.
This timing is important because the judge evaluates only whether the State has presented legally sufficient evidence.
Does the Judge Decide Who Is Telling the Truth?
No.
The judge is not deciding whether witnesses are credible.
Instead, the judge asks a legal question:
Has the State presented enough evidence that a reasonable juror could convict if the evidence were believed?
If the answer is no, the charge cannot go to the jury.
Rule 20 Motions Often Focus on Specific Elements
Sometimes prosecutors prove most of a crime—but fail to prove one required element.
For example:
Was there enough evidence of intent?
Was the required level of injury established?
Did the evidence satisfy every statutory element?
Did the State prove the identity of the defendant?
If even one required element is missing, a Rule 20 motion may be appropriate.
Does Every Rule 20 Motion Succeed?
No.
Many Rule 20 motions are denied because judges generally give prosecutors the benefit of reasonable inferences from the evidence.
However, experienced defense attorneys should always evaluate whether one is appropriate.
Sometimes the motion results in:
dismissal of one count,
dismissal of a sentencing allegation,
dismissal of the entire case,
or preservation of important issues for appeal.
Why Preparation Matters
Rule 20 motions aren't something lawyers create at the last minute.
The strongest motions are built throughout the case by:
identifying weak elements,
consulting experts,
challenging the investigation,
carefully reviewing witness statements,
and understanding exactly what the State must prove.
That preparation often strengthens plea negotiations as well.
Charged With a Crime in Tucson or Pima County?
If you're facing felony charges, don't assume that every count filed by the prosecutor will automatically reach the jury.
An experienced criminal defense attorney should evaluate whether the State can actually prove every element of every charge beyond a reasonable doubt.
Sometimes the strongest defense begins long before closing arguments.
If you've been charged with a crime in Tucson or Pima County, contact our office to discuss your case and your options.
