What Are My Rights if I Am Convicted of a Crime?

After a jury trial or guilty plea, the criminal court judge can sentence you to jail or other penalties. After a criminal conviction, you still have rights. Your criminal defense attorney can represent you during sentencing or appeal your case. Your attorney may also be able to get you out of jail early.

Your civil rights after a conviction can depend on state laws. To understand your legal rights after a felony conviction, talk to an experienced criminal defense lawyer.

What Happens After You Are Convicted of a Crime?

There are two ways to be convicted of a crime. You can plead guilty as part of a plea negotiation. Or, a jury can find you guilty beyond a reasonable doubt. After a conviction of a criminal offense, the next part of the criminal case is sentencing. Sentencing is where the judge hands down the criminal penalties after a conviction.

What Are My Rights During Sentencing?

Before the judge sentences you for a crime, you can present your case during the sentencing hearing. In many states and under federal law, judges use sentencing guidelines. The guidelines are based on the underlying criminal charges, criminal history, and other factors. If a judge deviates from the guidelines, they generally have to provide a reason in writing.

You or your attorney can argue for a reduced sentence, avoiding jail time, or a jail alternative like house arrest. Some ways you can try to get a lower sentence include:

• Show remorse for your actions
• Get substance abuse counseling or anger management treatment
• Have friends or family testify on your behalf
• Make restitution payments to any victims

If you plead guilty as part of a plea bargain with the prosecutor, you should be aware of the criminal sentencing. Generally, the prosecutor will make a sentencing deal to get a guilty plea. As long as the judge accepts the deal, you will already know what criminal sentence awaits. Generally, you can’t withdraw a plea if the judge already sentenced you.

Can You Appeal a Criminal Conviction?

You have the right to appeal a criminal conviction. You can appeal a criminal case based on errors made by the judge or something that happened during the case. An appeal only gets a limited review by the courts. It is not a second chance to try your case all over again. For example, some grounds for an appeal include:

• Juror misconduct
• Ineffective assistance of counsel
• Lack of evidence to support a guilty verdict
• Incorrect jury instructions

If the appellate court finds that any errors affected the case’s outcome, they can reverse the trial court’s decision. There is a limited period of time to file an appeal after a jury decision. In most states, the appeal has to be filed within 30 days.

An appeal can be more complicated and costly than a criminal trial case. Talk to a criminal appeals lawyer if you want to appeal your conviction.

Can You Avoid Jail Time?

The criminal penalties can depend on the type of crime. A misdemeanor conviction is generally punishable by up to a year in county jail. Felony charges can include more than a year in prison. For a minor, non-violent crime, you may be eligible for an alternative to jail. Some states have drug courts or other treatment courts that don’t require a jail sentence. However, you may have to negotiate this before the conviction.

Do You Have Rights in Jail?

You have due process rights, even when serving time in jail. Some of your legal rights include:

• Free from cruel and unusual punishment
• Freedom to practice your religion
• Reasonable accommodations for disabilities
• Right to medical care

Talk to a criminal defense lawyer about your civil rights violations and what you can do.

Can You Clear Your Criminal Record?

Even after you serve your sentence, there are long-term effects of having a criminal record. These are collateral consequences. Convicted felons may have difficulty getting a job or finding a place to live. A criminal background check can show criminal convictions. However, some states have banned asking about criminal history on a job application.

Some states provide restoration of civil rights after release from jail. Other states have a waiting period before convicted criminals get voting rights.

You may be able to get an expungement or have your criminal record sealed after a conviction. If you get your record sealed, it won’t show up on public background checks.

Some states, including Alaska, Massachusetts, and Virginia, make expunging criminal records difficult for most defendants. Other states, like New York, have a long waiting period before you can get your record sealed.

How Can a Criminal Defense Lawyer Help?

A criminal defense attorney can protect your rights after a conviction. This includes representation during sentencing to make sure you get fair treatment. An attorney can also appeal a guilty jury verdict to overturn the court’s decision. After a conviction, your attorney can work to help you avoid jail or get you out of prison early.

After release, your attorney can help you clear your record so you can move on with your life. To understand your legal rights after a criminal conviction, speak with a criminal defense attorney right away.