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Avoiding the Collateral Consequences of a Federal Conviction in NYC
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Avoiding the Collateral Consequences of a Federal Conviction in NYC
Getting convicted of a federal crime in New York City can lead to a bunch of extra punishments and restrictions beyond just the criminal sentence itself. These extra punishments are called “collateral consequences” and they can seriously mess up someone’s life. This article will explain what collateral consequences are, give some examples, and talk about different ways to try to avoid them if you get convicted of a federal crime in NYC.
What are Collateral Consequences?
Collateral consequences are all the civil penalties, disabilities, or disadvantages that happen to someone automatically as a result of a criminal conviction, on top of their actual criminal sentence. They can include things like:
- Losing your job
- Getting kicked out of public housing
- Losing custody of your kids
- Losing your driver’s license
- Losing student financial aid
- Getting deported if you’re not a citizen
These consequences can last for years or even the rest of your life. They happen automatically as a result of the conviction, even if the judge doesn’t specifically order them as part of your sentence. Some collateral consequences are required by federal or state law, while others are just policies of government agencies, employers, landlords etc. But either way they can really limit your life opportunities and make it harder to move on after your conviction.
Examples of Collateral Consequences in NYC
Here are some examples of common collateral consequences that can happen if you get convicted of a federal crime in New York City:
Employment
Many employers won’t hire someone with a federal conviction. Even if they do, you may be barred from certain industries like health care, education, transportation, home health aides, etc. You can also lose licenses and certifications needed for certain jobs.
Housing
You can be evicted or denied housing by the New York City Housing Authority (NYCHA) if you or anyone in your household gets convicted. Private landlords also commonly deny housing to people with convictions.
Public Benefits
A federal drug conviction can make you ineligible for food stamps/SNAP benefits and federal cash assistance like TANF. Some drug convictions can also impact your Medicaid benefits.
Student Loans
Drug convictions while receiving federal student aid will make you ineligible for further aid, usually for a year or more. Other convictions can also impact eligibility for state and school aid programs.
Family
A conviction can be grounds for loss of child custody or visitation rights. It can also impact adoption rights, like the ability to adopt a child or serve as a foster parent.
Immigration
Almost any federal conviction can trigger immigration consequences like deportation if you are not a U.S. citizen. Some convictions make deportation automatic with no opportunity to fight it.
How to Minimize Collateral Consequences
If you get charged with a federal crime, there are certain things you can do to try to reduce or avoid collateral consequences:
Get experienced counsel
Hire a lawyer who understands collateral consequences and makes avoiding them part of your defense strategy. A lawyer who looks at the full consequences, not just potential jail/prison time, can help minimize collateral damage.
Negotiate pleas carefully
If taking a plea bargain, try to plead down to a charge that avoids automatic collateral consequences. For example, plead to a misdemeanor instead of a felony if possible. Be aware of the consequences attached to any plea offer.
Avoid drug convictions
Drug convictions often carry the harshest collateral consequences. So avoiding a drug conviction through programs like drug court or deferred adjudication can help minimize consequences if possible.
Get conviction records sealed
If allowed in your case, get your conviction records sealed to make it easier to find jobs and housing. Federal convictions can’t be fully expunged but sealing records helps.
Seek Certificates of Relief/Good Conduct
New York offers Certificates of Relief from Disabilities and Certificates of Good Conduct to help relieve collateral disabilities from state convictions. They don’t help federal convictions but show your rehabilitation.
Compliance with sentence terms
Fully complying with all conditions of your sentence shows you’re committed to rehabilitation. This can help improve chances of avoiding consequences like eviction or loss of licenses.
Follow up with agencies
Don’t just assume you’ll lose benefits or licenses. Follow up with the relevant agencies about conditions to keep your eligibility. Meet all conditions and advocate for yourself.
Federal vs State Convictions
It’s important to understand the difference between federal and state convictions in New York. Federal convictions often have harsher and more uniform collateral consequences across the country. State convictions vary more by jurisdiction but New York also has many collateral consequences.
An experienced New York criminal defense lawyer can advise if there are significant differences in consequences between potential federal and state charges in your case.
Conclusion
Collateral consequences are often not explained or well-understood by defendants when pleading guilty. But they can negatively impact almost every area of life. The best ways to minimize collateral consequences are getting experienced counsel, carefully negotiating pleas, avoiding certain convictions and following up to seek relief where possible. With proper advice and advocacy, some consequences can be reduced or avoided.
Having a knowledgeable federal criminal defense lawyer is crucial when facing charges in NYC. The lawyer should understand collateral consequences and make avoiding them part of the overall defense strategy. This can help clients emerge from a conviction with the best possible chance to move forward with their lives.