A conviction is the formal finding of guilt in a court of law. It may lead to a sentence which includes many different types of punishments like prison time, supervision or fines. A conviction also brings collateral consequences which affect other aspects of a person’s life such as their ability to work or travel to other countries.
During the trial, each side will be allowed to present arguments and evidence to the jury. The prosecution must prove their case beyond a reasonable doubt and the defendant does not have to provide proof of innocence. After the jury is selected, each side will give an opening statement. The prosecutor will present their evidence first and the defense attorney will then respond to that evidence. The prosecution and the defense can object to evidence or question witnesses during the trial, but the judge will decide whether to accept those objections.
The judge will then decide on the penalty based on the information in the pre-sentence report. The judge will consider aggravating factors (facts about the crime that make it more severe) and mitigating factors (facts about the defendant’s criminal history or circumstances of the crime). The judge can also consider what other judges have done in similar cases to help him or her decide what kind of sentence to impose.
The convicted person can appeal their conviction to the state court and/or the federal court. The Supreme Court will only accept an appeal if the appellant can show that the lower court made serious errors in the way it applied federal law to the case. This type of appeal is referred to as a Petition for Writ of Certiorari.