Being accused of a crime can have a far-reaching impact on your life. Depending on the exact offense, if sentenced, it could go into your criminal record, affecting your job and rental prospects in the future. Given the severity of a criminal conviction, it’s essential to understand your rights as a convict.
If you have been convicted of a crime, having an expert Virginia Beach criminal attorney is extremely important. These professionals support you throughout your legal journey and fight for you to get the most favorable outcome. This support has the utmost significance in the realm of criminal conviction.
Let’s try to understand what your rights are if you are ever convicted of a crime.
Understanding Your Rights as a Criminal Convict
Regardless of the severity of your crime, you are still entitled to constitutional rights that ensure you are taken through a fair trial. Here is a rundown of these rights and protections:
Right to Present Mitigating Circumstances
You have a right to present mitigating circumstances before the judge imposes your sentence. Mitigating circumstances are simply circumstances that can reduce your culpability. While they cannot excuse the crime, they can influence the judge or jury to impose a lighter sentence.
Presenting mitigating circumstances is a last chance for the defendant’s counsel to present any last piece of evidence helpful to save the accused from a severe punishment.
With the counsel of your criminal defense attorney, you can present several mitigating factors, depending on the offense. For instance, a traumatic upbringing may have had a role to play in your violent behavior; this fact can be a mitigating factor.
At the same time, showing genuine remorse for your actions and committing yourself to self-help programs can also mitigate your sentence. Making restitution to the victim may also be effective.
It is important to note that a conviction through plea negotiation precludes this right, as the sentencing agreement is established before the plea is entered.
Right to Appeal a Criminal Conviction
You are well within your rights to appeal the criminal conviction. But the basis of your appeal must be guided by legal principles.
Here are the specific situations when you can appeal your conviction:
- If you believe there was misconduct among jurors
- If you can attest that the jury was acting under misguided instructions
- If your lawyer’s representation was unsatisfactory
- If the evidence presented was insufficient to properly find you guilty
- If there was an error in admitting evidence against the Rules of Evidence
If you believe you have grounds to secure an appeal, you have 10 days from the date of conviction to file an appeal through the General District Courts and 30 days through the Circuit Courts.
Right to Humane Treatment in Jail
You still retain your civil rights while awaiting your sentencing in jail. For example, you have the freedom to worship, access medical care, and be protected from any inhumane treatment or torture. Talk to your attorney if any of these rights are being infringed.
Can One Avoid Jail Time?
Spending time in prison is something that no one wants to go through. It gets very difficult for a person and can cause intense physical and mental troubles. But the good news is, yes, it is possible to avoid jail time. However, this will be determined by some key factors. They include the type of crime, its severity, your criminal record, and Virginia state laws. A good defense attorney will make you aware of your options, if any, regarding avoiding jail time.
Conclusion
We hope that this blog has helped you understand your rights after a criminal conviction. You are entitled to attorney representation if you’ve been accused of a crime. This is a right you should exercise as early as possible, as a good defense attorney will ensure that none of your rights are infringed upon during the conviction process.
Source: Parks Zeigler, Attorneys at Law, VA
