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What Happens If I’m Convicted at Trial?
Consequences of Being Found Guilty at Trial
Non-U.S. citizens may face deportation as a result of being found guilty of
committing a crime. Felony and misdemeanor convictions, and under some
circumstances juvenile adjudications, can be used to enhance state and federal
sentences. Everyone convicted of a felony in Florida has to submit their DNA for
it to be included in the state’s DNA database. A conviction could impact a
person's ability to work, live in public housing or rent an apartment, and
obtain college grants or scholarships. For a more detailed listing of other
consequences of a conviction, you may download the document by
clicking here.
Additionally, convicted felons lose access to certain federal benefits, the
right to vote, serve in the military, own or possess a firearm, hold public
office, serve on a jury and may have a difficult time obtaining a job because in
Florida criminal court records are public records. In most cases, a convicted
felon can apply to have his civil rights restored through the clemency process
after completing the sentence.
For additional information on how to apply for clemency,
click here.
Sentencing is the stage at which the judge imposes punishment after a finding of
guilt that resulted from a trial, or entry of a plea of guilty or no contest by
the client. The judge may order the Florida Department of Corrections to prepare
a pre-sentence investigation (PSI) report and postpone sentencing until after
the report has been submitted and reviewed.
The PSI includes information about
the case and circumstances of the crime, any prior criminal record, the client’s
reputation in the community, education, employment, health and background of the
client’s family. The PSI may also include the client’s lifestyle, behavior
pattern and general attitude. When the PSI is completed, the defense attorney
reviews it with the client and prepares for the sentencing hearing. The defense
attorney can have doctors or other experts evaluate the client and prepare a
sentencing report with recommendations to be presented to the judge.
The defense
attorney should know in advance the names and addresses of people who want to
speak at the sentencing hearing on behalf of the client. At the sentencing
hearing, the client has a right to speak and have the defense attorney make a
presentation. The judge then informs the client of the finding of guilt and
imposes the sentence, which can range from suspending the sentence, or a
probation term, to the maximum jail or prison time allowable by law. The judge
can, and, in some cases must, require the client to pay restitution to the
victim and attorney (public defender) fees and court costs.
In capital cases,
the maximum sentence is death and the law provides for a sentencing process that
involves jurors making a recommendation to the judge regarding whether to impose
the death penalty.
A client has no right to appeal a plea of guilty or no contest, except when the
judge allows him to reserve the right to appeal a particular point of law. A
client who is convicted at trial and wants to appeal the conviction must file a
notice of appeal within 30 days of being sentenced and must advise the appellate
court of the exact errors in the trial. The client or the defense attorney must
convince the appellate court that the trial judge’s errors affected the outcome
of the case. Some common errors are that the judge did not follow the law or
that the client was prevented from exercising his constitutional rights. In some
cases, the judge may allow the client’s release on bail until a final decision
by the appellate court. The judge will set a bond, pending the appeal, only if
he believes the client has a good reason for appealing and that the client will
re-appear in court. The client does not have an automatic right to bond during
the appeal. It is possible that the client may serve the entire sentence during
the appellate process.
Probation is an alternative to being sentenced to jail or prison, and as such
carries significant limitations on the client’s liberties. The judge, using the
sentencing guidelines (also referred to as the punishment code), may sentence a
client to probation or community control (house arrest) instead of — or in
addition to — serving time in jail or prison. A probationer is under the
supervision of the Florida Department of Corrections and must abide by its rules
until the sentence is completed. Probation may take the form of community
control, an intensely supervised and restrictive program in which a probation
officer makes regular unannounced visits to the probationer’s home and may
electronically monitor the probationer’s movements. In addition to the visits,
the probationer will regularly report to a probation officer, receive permission
from his probation officer before changing addresses or jobs or leaving the
county, and must not commit any new crimes or abuse drugs or alcohol while on
probation or community control. If the probation officer believes that the
probationer has violated any of the conditions of the probation, the officer can
file an affidavit alleging the specific violations and may ask the judge to hold
a hearing to determine if the probationer is in violation. A probationer can be
arrested and held in jail pending the probation violation hearing. At the
hearing, if the judge finds that the probationer violated the terms, the judge
may revoke the probation and sentence the client to jail or prison or extend the
probationary period. If the judge finds the probationer did not violate the
terms of probation, the probationer is restored to probation.
The services of the Public Defender are not free unless the client is acquitted
(found not guilty) or the charges are dismissed. If the judge makes a finding of
guilt after plea or trial, the judge may require the client to pay attorney’s
fees for the reasonable value of the services the Public Defender provided,
court costs and restitution. The judge can require the payment of the costs and
fees as a condition of the sentence or can impose a lien on the client’s
property. If they are not imposed as a lien, the Clerk of the Court will enroll
the client in a payment plan. Additionally, a judgment may be filed against the
client for the attorney's fees, court costs and restitution.
For an overview of consequences to an adult who is arrested or convicted,
click here
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