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COLLATERAL CONSEQUENCES

A conviction for a crime carries with it certain levels of consequences. The first level is rather obvious: jail and a fine. But what about other things, such as license suspensions, or the right to possess guns, or vote, or the other things you must do when you are convicted (sex offender registration, alcohol & drug treatment, etc.)? The things that happen as a result of a criminal conviction are considered “collateral consequences.”

A good lawyer will be able to explain to you the more obvious aspects of a criminal conviction; a very good lawyer will explain the collateral consequences.

Let me make one thing clear here: there are almost always collateral consequences to a criminal conviction. I can’t think of a criminal conviction where there are no such consequences.

A lawyer cannot possibly know all collateral consequences to your criminal conviction. But there are some basic things about which he/she should be able to advise you.

For example, all DUII convictions come with a license suspension. However, a true DUII lawyer will be able to tell you that if this is your 3rd conviction for a traffic crime within the last 5 years, then your DUII conviction also comes with another suspension at the end of the first which could be up to 5 additional years! Another example would be that by law, your car is required by DMV to be fitted with an ignition interlock device for 6 months after your DUII suspension concludes.

Other examples of collateral consequences for other crimes would be that felons are prohibited by federal law from possessing firearms (and a good attorney will explain to you that this includes ammo, not just the gun, and that it includes things like knives and bows & arrows and such.) Persons convicted of crimes of domestic violence are likewise prohibited from possession firearms (or ammo, bows & arrows, knives, etc.).

Deeper levels of collateral consequences of a criminal conviction could be such things are higher insurance rates (for DUII or other traffic crimes), difficulty in obtaining housing or employment (for almost any crime, but almost certainly for felonies and crimes of violence). I’m sure you can imagine that someone convicted of theft may have a hard time getting certain types of work handling money, or someone with a DUII conviction might have difficulty getting a job where driving is a requirement. Sex offenders often find it difficult to work around minors. Law enforcement officers and members of the military find an unpleasant aspect of a domestic violence conviction is that they are discharged from their employment (because they can’t possess guns).

The bottom line is that no lawyer can tell you EVERYTHING about how you criminal conviction will affect you in the future. But a good lawyer will be able to give you a little bit more information regarding how your conviction will affect you than what the statute lists or what the judge normally sentences. Get a lawyer who will provide you with the information that you need (or who is at least willing to find out about it for you).