Search results
Results from the WOW.Com Content Network
In law, a conviction is the determination by a court of law that a defendant is guilty of a crime. [1] A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by judge in which the defendant is found guilty. The opposite of a conviction is an acquittal (that
A court passing a discharge may still order the defendant to pay compensation to a victim, pay a contribution towards the prosecution's costs, or be disqualified from driving. A court may grant a discharge only if it is "inexpedient to inflict punishment" and may not do so where a mandatory sentence applies, including certain firearms offences ...
Appellate court or court of last resort (vs. iudex a quo) iudex a quo: Lower court from which an appeal originates; originating court (vs. iudex ad quem) iura novit curia: the court knows the law The principle that the parties to a legal dispute do not need to plead or prove the law that applies to their case. ius accrescendi: right of accrual
Peace bonds are similar to a civil court restraining order, and are also based on the lesser burden of proof of civil law. [citation needed] A peace bond can be issued by a criminal court judge or a Justice of the Peace. [2] A peace bond is usually issued when the Crown Prosecutor is convinced that a strong case does not exist against the accused.
A nolo contendere plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions.
Some federal circuits have upheld the inherent right of judges to order expungement while others have held the opposite. [3] Most persons who have been convicted of federal offenses and who want relief from the consequences of the conviction are limited to seeking a pardon, but pardons are rarely granted. [4]
In United States law, an Alford plea, also called a Kennedy plea in West Virginia, [1] an Alford guilty plea, [2] [3] [4] and the Alford doctrine, [5] [6] [7] is a guilty plea in criminal court, [8] [9] [10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence.
The term "without prejudice save as to costs" is a change to the above and refers to a communication that cannot be exhibited in court until the end of the trial, when the court awards legal costs to the successful party unless some other order is made because an offer was unreasonably rejected. [11]