The Illinois Judgment of Conviction and Sentence is a legal document that outlines the final decision and consequences handed down by a court following a criminal conviction in the state of Illinois. This document serves as a formal record of the court's determination regarding the defendant's guilt or innocence, as well as the associated punishment or sanctions imposed. In Illinois, there are different types of Judgment of Conviction and Sentence depending on the severity of the offense, the specific criminal statute violated, and other factors considered during the legal proceedings. Below are a few distinct types of Illinois Judgment of Conviction and Sentence: 1. Felony Judgment of Conviction and Sentence: This type of judgment typically applies to serious offenses classified as felonies in Illinois. Felony convictions encompass crimes such as murder, rape, robbery, drug trafficking, etc. The document details the nature of the crime, the defendant's guilty verdict, and the specific penalties prescribed by the law. 2. Misdemeanor Judgment of Conviction and Sentence: Misdemeanor offenses are less serious than felonies but still carry legal consequences. Examples include certain types of assault, petty theft, DUI (Driving Under the Influence), and disorderly conduct. A Misdemeanor Judgment of Conviction and Sentence outlines the conviction specifics and the punishment imposed, which typically includes fines, probation, or even short-term incarceration. 3. Traffic Violation Judgment of Conviction and Sentence: This type of judgment pertains to various traffic infractions committed in Illinois. Speeding tickets, running stop signs or red lights, driving without a valid license, or reckless driving falls under this category. The Traffic Violation Judgment of Conviction and Sentence includes details of the violation, the guilty verdict, and the penalties, which may be fines, points on the driver's record, license suspension, or mandatory defensive driving courses. Overall, the Illinois Judgment of Conviction and Sentence is a pivotal legal document that outlines the outcome of a criminal case in Illinois. It encompasses various types, such as Felony, Misdemeanor, and Traffic Violation judgments, which are specific to different categories of offenses. These judgments play a crucial role in documenting the conviction and providing transparency regarding the penalties assigned by the court to ensure justice is served.
Illinois Judgment of Conviction and Sentence
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Felonies are the most severe types of crime in Illinois and carry the most serious criminal penalties. A conviction for a single felony-level crime comes with a minimum of one year in jail. The DuPage County/Chicago criminal defense attorneys at Dolci & Weiland provide dedicated and aggressive legal representation.
(b) Concurrent terms; misdemeanor and felony. A defendant serving a sentence for a misdemeanor who is convicted of a felony and sentenced to imprisonment shall be transferred to the Department of Corrections, and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence.
In other words, in concurrent sentencing, the sentences for multiple offenses overlap, meaning you only serve the total time of the longest sentence imposed. Using the previous example, you would serve the five-year and the three-year sentences simultaneously, resulting in a total of five years served.
If a judgment is old, it may need to be revived before it can be enforced. Illinois law governs the enforcement and resurrection of judgments. Under Illinois law, judgments have an enforcement time limit of seven years from the date of their entry.
"Conviction". "Conviction" means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.
Statutory Sentence Credit refers to the percentage of time a determinate-sentenced individual in custody must spend incarcerated. Individuals in custody serve 50%, 75%, 85%, or 100% of their sentence, determined by statute, and based on the offense that was committed.
Until passage of "Truth in Sentencing" laws in the 1990s (730 ILCS 5/3-6-3), all individuals in custody were to spend half their sentences incarcerated in jail or prison (less awards of good time). Under "Truth in Sentencing" laws, those convicted of first degree murder will serve 100 percent of the sentence.
A concurrent sentence refers to a type of sentence judges are able to give defendants convicted of more than one crime. Instead of serving each sentence one after another, a concurrent sentence allows the defendant to serve all of their sentences at the same time, where the longest period of time is controlling.