When you’re arrested in Lakeland, FL, it’s natural to focus on criminal penalties, such as jail time, fines, probation, community service, and restitution. However, many defendants fail to consider the collateral consequences of a criminal conviction.
These consequences, which can affect your personal and professional life, can be just as significant as the direct penalties, often leading to long-term challenges.
What Are Collateral Consequences?
Collateral consequences refer to how a criminal conviction impacts various aspects of a person’s life. The impact is not part of the formal sentence from the court. A criminal conviction can result in restrictions or other repercussions that can be even more devastating and long-term than the criminal penalties imposed by the court.
Examples of collateral consequences include, but are not limited to:
Loss of Voting Rights
A felony conviction in Florida for a sex crime or homicide results in the loss of voting rights until the person’s right to vote is restored by the State Clemency Board. A felon’s voting rights can be restored for other felony convictions when you complete the terms of your sentence.
Child Custody
A conviction for specific criminal charges can significantly impact child custody. A family court may grant sole custody to your child’s other parent. The court could also order supervised visitation if the court believes your child could be harmed by spending time with you unsupervised.
Employment Restrictions
A criminal record may prevent you from obtaining certain professional licenses. If you have a professional license, a criminal conviction could result in the licensing board taking action against your license. You may find it difficult to obtain a job because of your criminal record, especially if you seek a job in specific industries.
Immigration Consequences
A criminal conviction could have significant consequences on a person’s immigration status. If a person is not a citizen, some criminal convictions could result in deportation.
Eligibility for Government Benefits
Certain criminal convictions could result in ineligibility for government benefits, such as student loans, food assistance, and public housing. However, some exceptions exist, and a person could have their eligibility restored under certain conditions.
Difficulty Finding Housing
The Fair Housing Act prohibits landlords from discriminating against tenants based on protected classes. However, it does not protect against a person’s criminal history. Many landlords conduct background checks as part of the application process. Having certain convictions could make it more difficult to find housing.
How Can a Criminal Defense Attorney Help Me?
A Lakeland criminal defense lawyer will explain the potential penalties you face for a conviction, including collateral consequences. Understanding the full impact of a conviction can help you prepare for what you might face.
An attorney can also help you by developing a defense strategy that gives you the best chance of being acquitted or dismissing your criminal charges. Things you can expect a criminal defense attorney to do include:
- Investigating the circumstances that led to your criminal charges
- Gathering and preserving evidence to use in your defense
- Analyzing the evidence the state has against you, including searching for exculpatory evidence that the state may possess
- Hiring experts when necessary to assist with your defense
- Exploring all defenses to determine the best strategy for your case
Your attorney will discuss the risks of taking your case to trial. Depending on the evidence against you, they may recommend accepting a plea deal.
After a criminal conviction, an attorney can help you petition for an expungement of the criminal conviction. You could be eligible for sealing or expunging your criminal record, which may further alleviate collateral consequences.
What Should I Do if I’m Arrested in Lakeland, FL?
Staying calm after an arrest can be tough, but it’s crucial for making the right decisions. Fear or anger can cloud your judgment. Never resist arrest, as this can escalate the situation and lead to more charges.
If the police question you, exercise your right to remain silent. Politely inform the officers that you are choosing to remain silent and request an attorney. Avoid discussing the case further—anything you say could make defending yourself harder later. Save conversations about the charges for your attorney.
Get Help With a Criminal Case in Lakeland, FL
If you are charged with a crime, hire an experienced Lakeland criminal defense lawyer. Reach out to Thomas C. Grajek, Attorney At Law to schedule a free consultation with an attorney. We will defend your rights and mitigate collateral consequences as much as possible. You can contact us online or call (863) 688-4606 for further assistance.