What are Collateral Consequences in Criminal Cases
If you are found guilty or plead guilty to a criminal charge in Minnesota, you will face direct consequences of the conviction, i.e. jail or prison and other probation related consequences. However, there may be other consequences beyond what the state does to you directly that could seriously impact your life. These are frequently called collateral consequences. If you are facing serious criminal charges in Minnesota, it is important to understand both the direct and collateral consequences that you may face. An experienced Minnesota criminal defense attorney can advise you on both.
“There are times when collateral consequences may be far worse than anything that the State can do to you in a criminal case.”
What are some of the common collateral consequences?
There are times when a defendant is so focused on what "the Court” might do to them, they forget some of the collateral consequences they may face if they are found guilty of a charge. Some of these consequences may include:
Immigration consequences: If you are not an American citizen and you are convicted of certain criminal charges, you could face deportation, exclusions from the country, denial of reentry and more.
Gun ownership: There are some criminal convictions that will deny you your 2nd Amendment rights. That is correct, you will forfeit your right to own and possess firearms.
Predatory offender registration: There are some criminal charges, like child pornography and rape that result in a sexual predator registration requirement beyond that of any probationary requirement.
Employment: A criminal conviction may impact your ability to keep or acquire certain jobs. Employers may deny based upon criminal convictions. There are also some professional licenses that could deny a license of suspend that license if you are convicted. This may be true for doctors, lawyers, police officers and many other professions.
Housing: When filling out applications for housing, landlords will frequently run a background check. If they find certain kinds of convictions, you may be denied housing. Certain public housing programs may also deny you housing.
Voting rights: Like gun rights, felonies in Minnesota will likely result in your loss in the ability to vote. In fact, voting could result in additional criminal charges and even probations violations.
“Knowledge is power. With collateral consequences in criminal cases, knowing what could happen can help you decide what to do.”
If you are accused of a crime in Minnesota, it is important to understand what you are facing. What the Court can do is one thing. What society can do is quite another. An experienced criminal defense attorney can certainly discuss what the Court can do but they may also be helpful in understanding some of the collateral consequences as well.
Jack Rice is a nationally known criminal defense attorney. He is a former prosecutor, a former CIA Officer and a Board Certified Criminal Law Specialist. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. When your life in on the line . . . Jack Rice Defense.