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. In case you are charged with a crime before you are arrested, the police are required to issue you with a warrant of arrest. This warrant of arrest will be sued by the police to arrest the person once he has been located and the copy of the warrant should clearly 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. During this time, the prosecutor is will determine whether the person should be charged with a crime or not.
A preliminary hearing is held once the prosecutor decides that there is enough evidence to press charges against the person. 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. If the case is not dismissed, the defendant will have the chance to either plead guilty, not guilty or no consent during the hearing and the choice of the defendant will now define whether or not the trial is going to take place.
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 other situations, the jury will have to determine the outcome of the trial while in others it is the duty of the judge to do so without a 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.
After the trial, a sentence hearing is held, here the judge is going to use all the evidence provided to the court to determine the penalty to be given for the defendant for the crime committed. The defendant will also be made to understand his or her rights prior to facing any trial. People accused of crimes have certain rights that gives them the best possible chance to receive a fair outcome during their cases.