A conviction is an adjudication of the guilt of a criminal defendant; particularly, it is the act or judicial process of finding a criminal defendant guilty of a charged offense.
What exactly is a criminal conviction? All convictions, cautions, reprimands, and final warnings are considered criminal offenses. This contains minor misdemeanors like spent sentences, cautions, and other concerns that are presently being investigated. More serious offenses may result in convictions, including misdemeanor charges and felonies.
What happens if I claim innocence? If you truly believe that you did not commit the alleged crime, then you should fight the charge! You have the right to remain silent, and cannot be compelled to testify against yourself. Your attorney can help you decide what action to take, but it is important that you seek advice from them.
Convictions can affect many areas of your life. They may prevent you from owning a firearm or driving a car. They may also impact your ability to get certain jobs. The best way to resolve any issue related to a criminal record is through the court system. Do not ignore signs of violence against you or others, as this may indicate that you were attacked by someone who has issues with your prosecution.
If you were convicted of a crime, don't suffer through it alone. There are resources available to you through your local bar association, community groups, and churches. Contact these organizations for more information on how to proceed.
A conviction is something certain: both a guilty verdict in court and a strong belief are convictions. In the legal realm, a conviction occurs when a judge or jury convicts someone of a crime and finds them guilty. Convictions are also principles—beliefs. People can have beliefs about other people's guilt or innocence. These beliefs are called judgments. When a person makes a judgment about another's guilt or innocence, they are making a statement about the evidence that exists or does not exist supporting this belief.
Judgments are very powerful tools for understanding ideas and concepts. They allow us to group things together that are similar in some way. For example, we can group all convicted criminals under the name "convicted person" and then define what is meant by "convicted". A conviction allows us to distinguish those individuals who have been found guilty of a crime versus others who may simply believe that someone is guilty based on evidence that could possibly be interpreted differently.
In order for an individual to be convicted of a crime, there must be proof beyond a reasonable doubt that they are guilty as charged. This means that if there is even a possibility that they are not guilty, they cannot be convicted. Proof beyond a reasonable doubt is a high standard to meet. Only a small percentage of cases reach this stage before trial and during trial proceedings, when possible issues about evidence that cannot be verified easily are resolved.
A defendant is convicted when he enters a plea or when a jury finds him guilty. Sentencing happens later, allowing probation to be served. Judges can also find defendants not guilty by reason of insanity.
Convictions can be either "direct" or "indirect". A direct conviction results from a trial where the prosecutor presents evidence against the defendant, the defendant presents evidence in his defense, and the jury decides whether they believe the prosecution's evidence beyond a reasonable doubt. An indirect conviction occurs when the defendant pleads guilty without going to trial. In this case, there is no trial and so no chance for the prosecution to present evidence against the defendant. The only way for the court to convict him is with a plea of guilty.
Indirect convictions are often called "stipulated judgments" or "consent decrees". These terms describe what kind of agreement the defendant and prosecutor may have reached before the judge accepts their consent. If an agreement cannot be reached, then there is no deal and the defendant goes to trial. If he is found guilty, then the prosecutor will seek a judgment based on that verdict. If the defendant is found not guilty by reason of insanity, then he will be committed to a hospital where he receives treatment until such time as he is no longer considered dangerous.
This includes minor misdemeanors such as traffic offenses (speeding, parking penalties), unless the case has been resolved by a "fixed penalty notice," as such matters do not result in a criminal conviction. Serious misdemeanors such as driving under the influence or with reckless behavior will also appear on your record. There are several ways that a conviction can be removed from your record including completion of any required community service, payment of all fines and fees, and completion of any drug treatment programs recommended by the court.
In most states, a license suspension is the default action for a first offense of driving under the influence (DUI). A second DUI within 10 years would likely result in a license revocation. If you have been charged with a crime, contact us immediately to begin the process of removing your record.