The legal determination of a
conviction is the outcome of a criminal trial proceeding. A conviction
is a finding of guilt by either a judge or a jury of the defendant’s
peers. In order to get a conviction in a court of law, the prosecutor
must prove that:
• The defendant violated a law.
• The evidence produced is directly or circumstantially related
to the defendant.
The conviction finding is the last step in the prosecutorial process
in the criminal justice system. The prosecutor initially must present
a case to a grand jury whose task it is to determine if there has
been sufficient evidence presented to hand down an indictment in
the case. It is not uncommon for defense lawyers to tell their clients,
“You can indict a ham sandwich.”
Once an indictment is handed down, the case goes on the docket in
the Supreme Court in the county in which the alleged crime was committed.
At this point, the trial part of the case commences.
Elements of a Conviction
Just because a defendant has been found guilty after trial does
not mean that there has been a conviction in the case. In order
to render a determination of a conviction in a case, three distinct
elements must be present:
• There must be a finding of guilt by a jury of the defendant’s
peers or by the judge who presided over the trial. In some cases,
the defendant will plead guilty to a lesser charge before or during
the trial proceeding.
• There must be a sentence rendered for the finding of guilt.
• There must be the imposition of a sentence based on the
finding of guilt.
Without these three elements present, there is no conviction in
the case. At times, the imposition of the sentence is delayed, stayed
or suspended. It is only upon the imposition of the sentence that
a conviction is obtained in the case.
Conviction – Investigate Through Criminal
Records Check
We are all concerned, at times, by the behavior and demeanor of
others. In our day-to-day experiences, we must make quick judgments
about peoples’ character, and this is hard to do with any
degree of accuracy. These judgments could involve suitors of your
daughter or a new neighbor who is becoming very friendly.
By utilizing the services of a trusted Criminal Records firm, you
can allay or confirm your worst fears.
It is better to know
the background of a person in question than to run the risk of putting
yourself and your loved ones in harm’s way.
The Criminal Records firm of
www.criminal-records.org
is a full-service company providing criminal background checks utilizing
the most proficient tools in the industry. The database of www.criminal-records.org
consists of over 300 million criminal records, and the information
you desire can be obtained within minutes.
With
www.criminal-records.org,
you never have to worry about confidentiality because the inquiries
are encrypted, and there are no lists available for sale to other
companies. So, do what’s right and determine for sure, if
the person in question has a past conviction. You will be doing
yourself, your loved ones, and your community a great service by
uncovering this information.