In the United States, the consequences of a criminal conviction extends beyond incarceration, fines, and/or probation. There are further civil actions imposed by the state that are triggered as a consequence of a criminal conviction.Such consequences include: the loss or restriction of one's professional license, ineligibility to receive public funds such as student loans and welfare benefits, being barred from various forms of federal employment, loss of voting rights, and for immigrants - deportation proceedings.These civil and state actions are called "collateral consequences," which are additional penalties that are mandated by statute. By the term "collateral," it means secondary or subsequent to a criminal conviction. Being subjected to civil consequences has been referred to as a form of civil death.Collateral consequences fall into three categories: Impaired access to, or enjoyment of the ordinary rights and benefits of citizenship (e.g. voting or driving).Impaired economic opportunity, through the reduction of available employment.Increased sanctions brought against the offender.The American Criminal Justice SystemIn the United States, the criminal justice system applies criminal law to defendants accused of committing crimes. When a defendant pleads guilty or is found guilty, usually a judge will impose a sentence, which is a direct consequence of a conviction. The direct consequences of the conviction may include:Loss of driving privilegesHouse arrestCommunity serviceProbationFinesImprisonmentCollectively, these are called direct consequences of a conviction, however, a defendant still faces the collateral consequences as discussed above, as well as the social consequences. The social consequences of a criminal conviction include job loss, the loss of one's reputation, and the social stigma of being convicted of a crime.Since legal proceedings in the United States are usually a matter of public record, it can be difficult for the defendant to reverse the effects of being socially ostracized (rejected).Many defendants are unaware of the far-reaching effects of a conviction. With that being said, it is critical to have a defense lawyer who is looking out for your best interests at all times. At Patel Law, P.C., we will ensure that you are fully aware of the collateral and social consequences that you face, and we will do everything possible to select legal strategies that will protect your rights and your future.
