Essay And The Possibility Of Conviction

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Conviction, and the possibility of such, presents the defendant with many questions concerning outcome and consequences. Do you think that I should just plead guilty so I can get this over with and reunite with my son? Why or why not? When faced with the possibility of serving a lengthy prison sentence and expensive fines the option of pleading guilty becomes favorable. The occurrence of plea bargaining and pleading guilty even though the defendant professes his or her innocence is a rising and questionable phenomenon in the US court system. Pleas are sought to minimize sentence and the number of trials. (Mousseau, 2008) Pleading guilty typically comes with a “built-in incentive,” lessened sentence in exchange for a guilty plea. The defendant…show more content…
Depending on the crime: misdemeanor, felony, or petty offense; punishment is rendered after a conviction is determined. Mitigation by the defense attorney occurs prior to sentencing. According to The Law Offices of Patrick Maher (n.d.), “after a guilty finding, the judge gives the attorney an opportunity to speak on behalf of the client. This is called mitigation, defined as “to make less severe.” This is a very important part of the process and can have a dramatic impact on the judge’s decision.” The crime and circumstance dictates punishment and sentencing. Punishment can include probation, imprisonment, community service, and fines. Misdemeanors are punishable by a maximum one -year imprisonment and felonies are punishable a minimum one -year imprisonment in addition to other post-conviction regulations. (Illinois Legal Aid Online, 2001-2013). The charge of fraud is characterized by deception for personal gain or some type of service. Although fraud is a non-violent crime its punishment is similar in severity. The penalty depends on the benefit received by the defendant. The punishment could result in as many as five years in prison, a 5,000 dollar fine, or both. (Scuderi,

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