Terms

Home > Terms > Conviction

A conviction is the verdict in a civil or criminal trial where the judge or jury finds the defendant guilty of the charge(s) against them. The judge or jury in the case must be convinced beyond a reasonable doubt that the defendant is guilty of the charges against them to order a criminal conviction in a case. 

Jury Trial

In most felony criminal cases, the defendant has a right to a trial by a fair and impartial jury. This right is guaranteed under the United States Constitution to all individuals accused of a criminal offense. 

In some cases, a defendant may not have the right to a jury trial or may be entitled to waive that right. In these cases, the case and conviction (or acquittal) will be handled by a judge. 

In all other cases, a jury will hear the facts of the case and determine whether to make a conviction or an acquittal. 

Sentencing after a Conviction

Once judge or jury makes a conviction, a judge will determine the sentence that the defendant will receive as a result of the conviction.  The severity and nature of the sentence will be determined by the conviction and other specific factors related to the case.

In some cases, a conviction carries a very specific sentencing requirement. For example, many convictions carry a mandatory minimum sentencing requirement. Sometimes the sentence after a conviction will be largely based on the discretion of the judge, based on his/her interpretation of the case and conviction in question. 

Punishments

After a conviction, an offender may face:

• Incarceration
• Probation
• Punitive Fines
• Restitution Requirements
• Community Service
• Alternative punishments -such as compulsory education or rehabilitation programs, physical deterrents (such as the installation of a breathalyzer in a vehicle), house arrest, and the like. 

The sentence will determine the penalties that a person will receive as a result of their conviction. The sentence will also spell out when, where, and how the sentence shall be carried out. 

After a conviction, the defendant in a criminal trial has the right to appeal any portion of the case, from investigation to sentencing. The defendant can file post conviction action requesting that a higher court remand or repeal the original conviction. Through this action, the defendant may also request a change in sentencing prior to a conviction.

Appeals & Writs

There are two actions that can be taken by a defendant after a conviction to contest its outcome: 1) An appeal poses some legal objection about some element of the case, 2) A writ is like an appeal except that it does not challenge some legal element of the case. 

Both post-conviction writs and appeals allege that the defendant somehow received an unfair trial, conviction, or sentence. 

A Criminal Defense Attorney Can Help

Usually, a conviction stays on a person’s record permanently unless it is legally expunged.  A conviction can adversely affect a person’s employment, educational, and other opportunities.  If you have questions about a conviction, please contact us to speak with a qualified attorney who can determine how best to protect your legal interests. 

Related Conviction News

August 29, 2008 - Missouri Man Wants More Compensation for Wrongful Conviction

Jan 4, 2008 - Dallas Leads Country in Wrongful Convictions

Home :: Contact a Criminal Lawyer :: Advertise