AlleyCat
2024-12-19 04:24:24 UTC
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PermalinkA conviction is generally effective on the date that the JUDGMENT OF CONVICTION is entered.
In this article, we'll explain some of the important terms to understand, so you can investigate for yourself.
A "conviction" is the ultimate disposition of the case, the opposite of an acquittal (finding of not-guilty).
Practically, to be "convicted" the plea or determination of guilty has to be accepted or FOUND BY THE COURT.
But simply offering a plea of guilty at a hearing DOES NOT MEAN THAT THE "CONVICTION" HAS OCCURRED.
Generally, the resolution of the case has two stages: the plea part and the SENTENCING PART.
In many states, defendants have the right to request a break between the plea portion of the case and the sentencing portion of the case.
Sentencing is the part of the case where the judge tells you what your punishment is, and makes it official.
Once the plea has been made or found (after evidence), and the sentence has been recited by the judge to the defendant (and for the record), all of
what has happened is reduced to written form.
This written document (which now many be digital instead of paper) is usually called THE JUDGMENT.
States may call it different things, such as a "disposition."
But in general, the final recitation of what happened at the plea hearing and the sentencing hearing has to be officially "entered" or "filed" with
the court.
The "filing" or "entering" of the judgment in the record is usually done by a clerk of the court.
The magic of the "entering" is simply the clerk adding/updating the information in the system.
This should generally happen the same day at the sentencing hearing, but sometimes it may take a day or even a few days.
In most jurisdictions, the conviction date is the date of the OFFICIAL JUDGMENT.
In general, it is expected that the official JUDGMENT OF CONVICTION WOULD BE THE DATE OF SENTENCING, when the defendant's punishment became official.
After all, the defendant's punishment is effective pretty much as soon as the judge delivers it to the defendant, not the next day or days later when
the clerk gets around to entering the information in the system.
But some jurisdictions might use the date that the judgment was entered by the clerk of the court into the court's official record system.
Is a guilty plea the same as a conviction?
An entry of a plea (guilty/no contest) DOES NOT MEAN THAT THE DEFENDANT HAS BEEN CONVICTED.
TO OBTAIN A CONVICTION, THE SECOND STEP OF THE PROCESS (SENTENCING) HAS TO HAPPEN FIRST.
Until sentencing, which can happen immediately next or months later, THE DEFENDANT IS NOT OFFICIALLY "CONVICTED."
When a Conviction Starts vs When the Sentence Begins
People searching for the date of their conviction are often looking for the beginning of their sentence (to find out when it ends).
They might also be looking for the conviction date to get an idea of when or whether a criminal conviction can be expunged.
Generally, in the legal world, we don't talk about when a conviction starts or stops.
Instead, we talk about the conviction date, and the length of the sentence (being it probation, jail, prison, parole, or post-prison supervision).
Conflicting Information
You'll notice when you search around the internet that other websites state that a conviction occurs when the defendant is "found guilty" or "enters
a plea."
These definitions are close but not entirely correct.
In any event, if you can't tell for sure when your conviction occurred, it is best to contact an attorney in your jurisdiction to get assistance.
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The judge hasn't entered the JUDGMENT OF GUILT yet, so no... CERTAINLY not a "convicted felon".
Rubenfeld emphasized that Trump is not yet a convicted felon because the judge has not entered a JUDGMENT OF GUILT.
See? Pansy-ass little child thinks he's smarter than a REAL lawyer.
Has the JUDGE entered a JUDGMENT OF GUILT? HAS he, Juan Merchan, approved the verdict and enter a final judgment?
Nope and nope, so no... Trump is still NOT A CONVICTED FELON. Doesn't REALLY matter though... does it? (see below)
You should simply have read this article which explains it... even in New York:
Rubenfeld emphasized that TRUMP IS NOT YET A CONVICTED FELON BECAUSE THE JUDGE HAS NOT ENTERED A JUDGMENT OF GUILT. He explained THAT IN NEW YORK,
this judgment is expected to be entered on July 11, the same day as Trump's sentencing.
You lose again, loser.
https://www.msn.com/en-us/news/politics/why-donald-trump-isnt-a-convicted-felon-yet/ar-BB1no6oV
Until then, he remains NOT A CONVICTED FELON, but that could change depending on the outcome. Read more: What's Really Going On With Donald Trump's
Marriage. Trump's Sentencing Isn't Until July 2024.
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According To One Legal Expert, Donald Trump Isn't A Convicted Felon
https://www.grunge.com/1593064/donald-trump-not-convicted-felon-heres-why/
May 31, 2024 - "FYI: due to odd quirk in the law, TRUMP IS NOT A 'CONVICTED FELON' UNTIL SENTENCING, which is July 11 - Th. You will hear that term a
lot but it's legally inaccurate until July 11 - Th," he wrote. So far, a number of major publications have used such language in their stories about
the Trump verdict, hence
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Donald Trump Isn't A Convicted Felon
Rubenfeld emphasized that TRUMP IS NOT YET A CONVICTED FELON because the judge has not entered a JUDGMENT OF GUILT. He explained that in New York,
this judgment is expected to be entered on July 11, the same day as Trump's sentencing.
https://www.msn.com/en-us/news/politics/why-donald-trump-isnt-a-convicted-felon-yet/ar-BB1no6oV
Until then, he remains NOT A CONVICTED FELON, but that could change depending on the outcome. Read more: What's Really Going On With Donald Trump's
Marriage. Trump's Sentencing Isn't Until July 2024.
=====
According To One Legal Expert, Donald Trump Isn't A Convicted Felon
https://www.grunge.com/1593064/donald-trump-not-convicted-felon-heres-why/
May 31, 2024 - "FYI: due to odd quirk in the law, TRUMP IS NOT A 'CONVICTED FELON' UNTIL SENTENCING, which is July 11 - Th. You will hear that term a
lot but it's legally inaccurate until July 11 - Th," he wrote. So far, a number of major publications have used such language in their stories about
the Trump verdict, hence
=====
Donald Trump Isn't A Convicted Felon
Rubenfeld emphasized that TRUMP IS NOT YET A CONVICTED FELON because the judge has not entered a JUDGMENT OF GUILT. He explained that in New York,
this judgment is expected to be entered on July 11, the same day as Trump's sentencing.
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Why TRUMP CAN STILL RUN FOR PRESIDENT After His Conviction - NBC News
https://www.nbcnews.com/politics/donald-trump/trump-still-run-president-guilty-verdict-conviction-rcna154801
May 30, 2024 - Can Trump still run for president after his hush money conviction? The former president was convicted on 34 felony counts of
falsifying business records and will be sentenced on July 11.
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Can Trump Still Run For President? Can He Still Vote? - CNN
https://www.cnn.com/2024/05/30/politics/can-trump-still-run-for-president-what-matters/index.html
May 30, 2024 - Now that a New York jury has convicted former President Donald Trump of all 34 felony charges of falsifying business records, the next
obvious question is: Can a convicted felon run for president?
The US Constitution lays out just three requirements for presidential candidates. They must:
Be a natural born citizen.
Be at least 35 years old.
Have been a US resident for at least 14 years.
Trump meets all three requirements.
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Trump Is Now A Convicted Felon: Can He Still Run For President? - USA TODAY -
https://www.usaToday - .com/story/news/politics/elections/2024/05/30/donald-trump-convicted-felony-president/73904298007/
May 30, 20241:09. Donald Trump is the first former president convicted of a crime in U.S. history, BUT IT WON'T STOP HIM FROM RUNNING FOR PRESIDENT
AGAIN. His conviction on Thursday does not bar him from ...
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Trump Guilty Plea: Can He Still Run For President? Questions Answered
https://www.usaToday - .com/story/news/2024/05/31/donald-trump-guilty-what-happens-now-7-major-questions-answered-jail-president-vote-cohen-
daniels/73920427007/
May 31, 2024 - Can Trump still run for president in 2024? Yes. The U.S. Constitution does not bar anyone from running for president after they become
a felon. The only qualifications are the following:
Be a natural born citizen.
Be at least 35 years old.
Have been a US resident for at least 14 years.
Trump meets all three requirements.
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YES, INDICTED TRUMP CAN STILL RUN FOR PRESIDENT, But Winning Is A ...
https://www.npr.org/2023/03/22/1164822171/trump-run-president-campaign-arrest-charges-voters-indictment
Mar 22, 2023 - Yes, Trump can run for president. Fortunately for Trump, there's nothing in the Constitution prohibiting candidates with criminal
records from holding office. In fact, an individual only has to be ...
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What Happens After Trump Is Convicted In NY Trial? | TIME
https://time.com/6980638/what-happens-if-donald-trump-convicted/
May 21, 2024 - CAN TRUMP STILL RUN FOR PRESIDENT? YES. A felony conviction will not disqualify Trump from continuing his presidential campaign, even
if he were jailed.
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Could Trump Become President After Being Convicted Of A Crime? - Los ...
https://www.latimes.com/politics/story/2024-04-15/trump-trial-president-constitution-conviction
Apr 15, 2024 - Published April 15, 2024 Updated May 30, 2024 3:04 PM PT. WASHINGTON -. Donald Trump became the first former president to be convicted
of felony crimes. A New York jury on Wednesday found him ...
COULD TRUMP BECOME PRESIDENT AFTER BEING CONVICTED OF A CRIME?
YES.
THERE'S NOTHING IN THE CONSTITUTION OR FEDERAL LAW THAT PREVENTS A FELON FROM HOLDING THE NATION'S HIGHEST OFFICE.