0
If a case with a guilty plea is reopened with a final judgment of not guilty case dismissed still a conviction?
Wiki User
∙ 13y ago
Wait. If there is a plea of guilty, there can be no not guilty decision; in such cases, there is no trial, only sentencing. The only way it would be reopened is if the defendant rescinded his guilty plea and successfully appealed for a new trial, which then, in theory, could be dismissed. In the event of a dismissal, there is no conviction, unless of course the prosecutor successfully appeals and seeks a new trial, which in light of the original guilty plea, most prosecutors would.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
If a case in Michigan is reopened and dismissed is this considered a conviction?
No. A conviction is when the defendant pleads guilty or nolo, or a jury finds him guilty. Dismissed functions like a not guilty.
If a case with a guilty plea is reopened with a final judgment of not guilty still a conviction?
"Re-opened?" Was it appealed and reversed? If so, then the retrial finding of Not Guilty is the verdict that stands and you were NOT convicted.
I had a misdemeanor case in which I plead guilty reopened in Mich with both the convicting judge prosecuting attrny judge changed the judgment to not guilty case dismissed is this still a conviction?
No. Once it is overturned and dismissed, it ceases being a conviction. You might need to have some paperwork cleaned up to reflect that.When it is overturned and then dismissed it ceases being a conviction.If the case was dismissed with prejudice, it may not be over. If the case was dismissed without prejudice, you are a free person with that conviction.Point of advice, unless you are fully prepared to do the time and are happy with the potential sentence, never submit a guilty plea...no matter how guilty you are. By doing so, you are voluntarily giving up your civil rights, and you generally have little recourse.
What is a deferred judgment?
As a result of a plea agreement with the prosecution, you plead guilty to one or more charges. You are placed on probation prior to sentencing and prior to any entry of conviction. If you successfully complete your probationary period your guilty plea is withdrawn and the case against you dismissed... The record shows that the charges against you were dismissed so your record remains clean. If you are alleged to violate the terms of the deferred judgment, a hearing will be held. As a result of a plea agreement with the prosecution, you plead guilty to one or more charges. You are placed on probation prior to sentencing and prior to any entry of conviction. If you successfully complete your probationary period your guilty plea is withdrawn and the case against you dismissed... The record shows that the charges against you were dismissed so your record remains clean. If you are alleged to violate the terms of the deferred judgment, a hearing will be held.
What does Judgment Of Conviction And Sentence mean?
In criminal law a final judgment of guilty in the criminal case and the punishment that is granted.
Convicting Judge and prosecuting attorney in Michigan agree to reopen a case that you plead guilty to it was changed to not guilty case dismissed is this still a conviction?
No, if the original judgment was reversed and the second verdict was Not Guilty you have not been convicted. However, the records of these actions, as well as the original arrest, will still exist.
Are you considered convicted if your case is dismissed?
If you were arrested for a felony crime - and the charge was dismissed before ever reaching the trial stage - you are NOT considered to be a felon. And although your record may reflect an arrest for the offense, it will also show that the charge was dismissed.
You had a case reopened two years after a conviction by a district judge to get it reduced they reduced it entered a verdict of not guilty and dismissed the case is this still considered a conviction?
Supv note: THIS QUESTION HAS BEEN ASKED AND ANSWERED FOUR TIMES IN VIRTUALLY THE EXACT SAME WORDING OVER THE PAST TWO DAYS .It does NOT count as a conviction. If the case was re-opened and the original verdict was overturned then it does NOT count as a conviction. However unless a request is made to expunge the record, the record of the previous case and the arrest will still exist.
Is there a difference in an espongement and a set aside conviction?
A vacated conviction in WA State will set aside the disabilities imposed by the conviction. It replaces a guilty plea with a not guilty plea or a guilty conviction with a not guilty conviction. However, certain conditions must be met before a criminal conviction can be vacated.
Is there a difference between pleading guilty and being convicted?
Yes, there is a difference. Pleading guilty is a voluntary admission of guilt by the defendant, whereas being convicted means that the court has found the defendant guilty after a trial or plea.
What is a dismissed conviction?
It means just what the wod implies, they were dismissed. However- there are two types of dismissal; dismissal WITH prejudice, and dismissal WITHOUT prejudice. "With" means that the charge "goes away" and that particular charge cannot be re-instituted. "Without" means that although the charge was dismissed you CAN be re-charged once again. You definitely need to find out which one applies to you. A "dismissed" conviction does not mean that you're found "not guilty," or were "pardoned." The record will appear on your criminal history record.
What is a amended judgment means?
This is when a court amends (or makes clearer by some change in wording) a judgment when the original judgment has ambiguities or other confusing wording that may cause the actual intent of the judgment to be seen in a different way. It is basically to clear up any confusion or make clear the intent of the original judgment.
