Collateral consequences are consequences of a criminal conviction that aren’t imposed by the court. They can range from the trivial, (few people care whether they’re allowed to bid on federal government contracts) to the overwhelming (a noncitizen might be separated from a spouse and children and deported to a country he or she hasn’t seen since childhood, without speaking the language or knowing anyone there.) You can lose a job, your apartment, or a professional license as a result of the collateral consequences of a conviction, and you need to know about those problems before you decide whether to enter a guilty plea or go to trial. A good attorney can advise you what problems might come from a conviction, and can try to find a negotiated outcome that avoids those problems. Call me if you want to talk about your charges and the possible consequences.
Should rapists have parental rights?
I just saw this article from the Courthouse News Service about the ugly fallout of the rape, and resulting pregnancy, of a 14-year-old girl. The 20-year-old rapist has been convicted and placed on probation for 16 years. He has also been ordered to admit paternity and to initiate proceedings in family court, apparently to set child support and maybe even visitation. The victim brought suit, asking the Massachusetts courts not to force her to participate in legal proceedings involving her rapist. It is deeply troubling to order a 14-year-old...
read moreDrug-crime convictions carry harsh consequences for a long time.
For stuff people aren’t supposed to have (what cops and lawyers call “contraband”: such as drugs, guns, and cigarettes without federal tax stamps), it’s worse to deliver something than just to possess it, because delivering something includes at least one more person and may lead to conspiracies, criminal networks, and the kind of tax-evasion that got Al Capone convicted. Possessing illegal drugs in Oregon is usually a Class C felony, which is the least-serious sort of felony. Occasionally it’s a Class B felony. But it is commonly...
read moreSometimes a Conviction is Better than a Dismissal
On occasion, a defendant is better off with an actual conviction than with a dismissal resulting from diversion, community court, or another sort of delayed adjudication, because appeals and post-conviction relief are only possible in the case of a genuine conviction, but a dismissal can count as a conviction in immigration court and for some anti- recidivist statutes. Consider the following two hypothetical defendants. Both are charged with offenses relating to cocaine found in a car borrowed from a friend, so each one has a legitimate...
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