[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’ ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY AYIN DREAM D. APLASCA
[/av_heading]
[av_textblock size=” font_color=” color=”]
Monday, October 2, 2017
[/av_textblock]
[av_textblock size=’18’ font_color=” color=”]
WHEN you are busy over the weekdays, all you need over the weekend is to take enough sleep and long rest. You tend to be lazy and do nothing. When your work requires more neurons to study and finish cases, you really set aside weekends for less neurons usage.
However, this is not always the case especially when you bumped with an old friend and grilled you with legal questions. And you can’t say no because she wants to be enlightened with what the law says.
We talked loads of legal matters in relation to the war on drugs, fake news, and continuous trial. One of the things she asked me, which I also want to share in this column, was the difference between “charges” and “conviction.” This is a little bit tricky because others would use these two words interchangeably.
When a person is “charged” with a crime, a formal allegation of an offense is made. This formal allegation is a statement which is not yet proven. When you charge someone, you are accusing him of a crime. Once charged, the person goes to court for a full blown trial.
On the other hand, when a person is “convicted,” he has been proven or declared guilty of the offense. There is a formal announcement of the verdict against him. Usually, conviction comes after a legal trial.
The process in conviction in criminal cases is usually extensive. After conviction, the person is subject to a sentence depending on the nature of the crime he is convicted and the penalty imposed by the law. Of course, there is that usual pronouncement of the penalty. The court gives the convict a certain period to appeal his case. But the said sentence takes effect even while appeals occur.
Remember, once a person is charged with an offense he goes to court where he is either convicted or acquitted. It means that he or she may be found guilty or not guilty. If the case is dismissed, the person is not convicted. However, he is still considered charged.
This was my discussion with my friend. And I think she really needs these because my friend is an aspiring lawyer.
Speaking of “aspiring lawyer,” there is one more month to go before the November Bar exams. All Bar takers are now hibernating because the days are numbered when they will unleash their mental and reasoning powers. And according to a theatrical slang: “Break a leg!”
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
[/av_textblock]
[/av_one_full]
