The Meaning of Being Convicted for a Crime
There are many people in prisons or jail and many of these people need support in navigating the criminal justice system. When you are convicted for a crime, it is not as simple as getting arrested for trial and therefore, here are some guides that will help you understand the basis of criminal justice.
Before a person is convicted of a crime that they are accused of doing, the person is charged first. In other words, the person is formally accused of committing a particular crime. If the person happens to be charged with a crime prior to them being arrested, the police are supposed to issue the person with a warrant of arrest. The warrant of arrest should openly state why the person has been arrested. After the person is arrested by the police, he or she will be held in jail and this normally is not for more than 48 hours. When at this, the prosecutor who is the state’s lawyer will go through the police report to determine whether the person should be charged with a crime.
Once the prosecutor decides that there is enough evidence to press charges against the person, a preliminary hearing is held. In the course of this hearing, the judge has the judge will decide if the suspect will face trial and this will be based on the amount of evidence present and the judge will also give the defense lawyer to challenge the prosecutor’s case. In case the case is not dismissed, the suspect will be required to either plead guilty, not guilty or nor consent and based of his choice, the court will decide if the trail will take place or not.
When the suspect pleads not guilty for the crime accused, he or she will have to attend his trial and if they plead guilty of no consent, the court will move forward to sentencing. During the trial, the government has the obligation to prove beyond reasonable doubts that the defendant is indeed guilty of the crime being charged. In some cases, the jury determines the outcome of the case while in others, it is the duty of the judge to do so without the help of the jury. After the trial, if the defendant is found guilty, a sentencing hearing is held afterwards and if not found guilty, the suspect is released.
When the sentence hearing is taking place, the judge is required to take all the evidence into consideration for him or her to determine the penalty that the suspect will face for the crime. You also need to know that the defendant is always meant to understand his or her rights before the trial. People accused of crimes have certain rights that gives them the best possible chance to receive a fair outcome during their cases.
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