In a criminal trial, within seven days after a verdict or finding of guilty or after a plea of guilty or nolo contendere, or within such further time as the court may fix during that seven-day, period, a defendant may move the court to arrest, i.e., stay, the judgment. Such a motion will be granted if it is shown that the indictment or information does not charge an offense or that the court lacked jurisdiction over the offense.23 The time limit for filing such a motion is rigid and may not be enlarged.24 A motion for arrest of judgment is decided on the record, i.e., the indictment, the plea, the verdict and the sentence. The trial evidence is not part of the record.
23. Super. Ct. Cr. R. 34; Comm. Pls. Ct. Cr. R. 34; Fam. Ct. Cr. R. 34.
24. Super. Ct. Cr. R. 45(b); Comm. Pls. Ct. Cr. R. 45(b); Fam. Ct. Cr. R. 45(b).
© 2010 David L. Finger