“Collateral consequences” is the term for the impact that a criminal conviction has on a person’s life. This is beyond the traditional court-imposed consequences. These consequences can be serious and long-lasting. For some people, the collateral consequences of a criminal conviction can be worse than spending time in jail or paying a fine.
Some criminal convictions can have more collateral consequences than others. For example, felony convictions and sex crimes tend to impact people to a higher degree than a misdemeanor. However, even a misdemeanor criminal conviction can negatively affect one’s life.
Court-Imposed Consequences
When someone is charged with a crime, their first concern is usually about court-imposed consequences.
Examples of court-imposed consequences include:
- A jail or prison sentence
- Restitution
- Court fees and fines
- Probation
The more serious the crime, the more serious the court-imposed consequences. A person could be sent to jail for days, months, or even years. Upon their release, they may be forced to report to probation for additional years.
Furthermore, the fines could range from a few hundred to thousands of dollars. This can cause a person to have financial difficulty, even if they can find a job. Unfortunately, failing to pay these fines or restitution can result in a probation violation. That can lead to more consequences.
Common Collateral Consequences
Many people are surprised to learn that long after getting out of jail or paying off their fines, they are still affected by their criminal record. Collateral consequences can be devastating for those who just want to move on from their criminal past. Unfortunately, the idea that you can serve your time and start anew with a blank slate isn’t true for most people.
Housing
One of the most common consequences of a criminal conviction is a loss of housing or decreased housing prospects. For many people, going to jail is destabilizing. It means that they can’t afford their rent. Furthermore, certain crimes, such as felonies or sex offenses, can make someone ineligible for many housing opportunities.
Employment
A criminal record can seriously affect your job prospects. If you have a professional license, it could be revoked or suspended. Furthermore, your criminal record will show up on a background check and could make you ineligible for certain jobs. This is a huge problem for people with felony convictions.
Financial Assistance
Many people with felony convictions are ineligible to receive financial assistance. This may include certain government benefits or loans. This can be extremely hurtful for someone who is also struggling to find or maintain employment simply to pay the bills.
Social and Family Consequences
When someone is convicted of a crime and goes to jail, they often experience social isolation.
While they are isolated from their friends and family in jail, the effects can follow them even after release. They might not understand how to relate to them once they get out, or they could face prejudice in the community because of their conviction. They could have lost custody of their children after a long period apart and have trouble getting visitation.
Immigration
Certain criminal convictions can have immigration consequences for non-citizens. These consequences can result in deportation, loss of certain visas, and ineligibility for citizenship. For many people who have come to the United States for a better life, the risk of being sent back to their home country is enough to fight their case to the end.
Loss of Rights
People who are convicted of some crimes, including felonies, may lose rights that other people with no criminal convictions enjoy. These rights include the right to vote and the right to own a gun.
In some states, felons can have their right to vote restored. This could happen automatically, or the person may need to petition the court for restoration. Additionally, in many states, it is illegal for a convicted felon to possess a gun. If they are caught with a gun, they could face additional criminal charges, which can carry significant punishments.
Negative Effects of Collateral Consequences
Collateral consequences negatively impact people who are convicted of crimes long after they serve their sentence. This can make it much more difficult for someone to get back on their feet. If they have served a prison sentence, then it is already hard to reintegrate into society. These additional consequences make it even harder.
The result is that people become isolated and are more likely to reoffend in the future. If they have no job prospects, no housing, and no support in the community, they are more likely to commit additional crimes. In this way, collateral consequences can perpetuate criminal activity and make it more difficult for people to break the cycle.
Contact Our Birmingham Criminal Defense Attorneys for a Free Consultation
If you are concerned about the potential effects of collateral consequences on your life, our Birmingham criminal defense lawyers are here to fight your charges and zealously represent you in court. Call Jaffe, Hanle, Whisonant & Knight, P.C. at (205) 930-9800 to schedule a free consultation.