Uncategorized

The Process of Getting a Conviction

A conviction is a finding by a court that the defendant committed a crime. It is one of the most serious penalties that a criminal defendant can face. If you are convicted, it can have long-lasting impacts on your life and your family. These consequences are called collateral consequences.

The process of getting a conviction starts with an arraignment. At this hearing, you will be told what charges you are facing and you can tell the court if you want to plead guilty or not guilty. If you decide not to plead, your case will proceed to trial.

At trial, the prosecution and defense will give opening statements. Then the jury will be selected. Jurors are people who will listen to the evidence in the case and decide if the defendant is guilty of the crime charged.

After the state presents its case, the defendant can call witnesses and present evidence to rebut it. At the end of the defense’s case, the judge will announce a verdict. If the jury finds the defendant not guilty, he or she is free to go. If the jury finds the defendant guilty, the judge will determine a sentence.

If you don’t like the result, you can ask to appeal your case with the Appellate Division. However, the Supreme Court will only take your appeal if it believes that the lower court made a mistake that violated your federal constitutional rights. You will need to request permission to appeal by filing a petition for a writ of certiorari.