The term “conviction” has a very specific legal meaning. It’s important to understand when a charge becomes a conviction, so you know exactly what is on your criminal record and how it will impact your life.
A conviction is a formal judgment of guilt entered by the court after a trial or a plea. To convict a defendant, the prosecution must present evidence that proves beyond a reasonable doubt that the accused committed the crime charged. This evidence often includes witness testimony, physical evidence, documents, and expert opinions. People with mental disabilities, children, and other vulnerable groups are particularly susceptible to wrongfully being convicted of crimes they didn’t commit.
Once a person is convicted, the judge determines their punishment, called a sentence. This is a complex process, taking into account both the seriousness of the crime and the individual’s personal circumstances. Factors include the individual’s history, what they were convicted of, and whether they have expressed remorse.
The Judge presiding over the sentencing hearing must also consider any victim of the crime in the case and make sure they are adequately heard. Depending on the case, a jury may or may not be present at this hearing.
If the convicted individual wants to appeal their case they must file an Appeal with the county clerk within the proper time limit. Their attorney must draft, file with the clerk, and serve on the prosecutor a Notice of Appeal in order for this post conviction option to be available to them.