Most people take their rights for granted until they are faced with a legal challenge. When you are convicted of a crime, it may seem as though you are forfeiting your rights with sentencing.
However, it is crucial to understand that certain rights persist even after a criminal conviction. Specific protections and entitlements remain guaranteed even after a conviction. This guide outlines the rights you retain following a conviction. Understanding these rights is crucial for navigating the legal system and maximizing your opportunities for rehabilitation.
Understanding Conviction
A conviction happens when you are officially found guilty of a crime. This can pan out in a few ways; if you plead guilty, accepting a plea deal, or a court trial. A guilty plea is a formal admission of guilt, often in exchange for a reduced charge or sentence. A plea bargain involves negotiating a deal with the prosecution, typically resulting in a lesser charge or reduced penalty. A trial is a formal legal proceeding where the prosecution presents evidence to prove guilt beyond a reasonable doubt, and the defense aims to refute this evidence.
Your Rights at Sentencing
Your role in sentencing goes beyond passive acceptance. You have the right to actively participate in your defense, with your lawyer as an advocate. Your attorney can introduce mitigating factors; these include evidence or arguments that could explain why you acted the way you did or argue for reduced culpability. This could be past behaviors, mental health issues, and lack of criminal history
Navigating the Appeal Process
A conviction does not signify the end of the legal process. You have a right to an appeal, which offers you an opportunity to challenge the verdict or sentence. This process allows you to seek a review from a higher court that reassesses if legal errors were made that significantly impacted the outcome of your case. It is not about re-trying the whole case but scrutinizing for mistakes.
“An appeal is not just about fighting back; it is about ensuring fairness and accuracy in our judicial system. These cases hinge on pinpointing where things might have gone wrong initially, such as evidence misuse, compromised rights, etc.,” says Minnesota criminal defense lawyer Omeed Berenjian of BK Law Group.
Rights Behind Bars
Incarceration significantly curtails personal freedoms, including privacy and mobility. However, inmates retain certain fundamental rights, such as access to legal counsel and medical care.
Freedom of speech is restricted but still there, especially when it comes to raising concerns over your living conditions or treatment. You also keep the right to be treated humanely and without discrimination.
Clearing the Slate
Sealing of a criminal record or securing expungement can be a significant step towards rebuilding one’s life after conviction.. In Minnesota, not every crime qualifies for this and the timing varies depending on the offense. This is a possibility that requires filing a petition to court.
Navigating these waters without solid legal advice can be complex. This is when having a skilled lawyer comes into play. While both public and private defenders offer legal representation, private attorneys often provide more tailored strategies and dedicated attention due to their caseload differences.
Media Information:
BK Law Group
(952) 260-3540
8101 34th Ave S., Suite 340
Bloomington, MN 55425
