Collateral Consequences
of an Iowa Criminal Conviction: The Hidden Penalties
One of the many lessons I learned in my 6 ½ years as a
Public Defender in Alaska is that the collateral consequences of a criminal
conviction are often the most important aspect of a case for a client. Sure,
everyone wants their case to be dismissed. Yet for many clients avoiding some
of the consequences not listed in their judgment or sentencing order is
actually more important than keeping a clean criminal record or avoiding jail
time.
For instance, a felony conviction results in the loss of the
right to possess a firearm. This can
have devastating consequences to members of the armed forces, as it can lead to
their discharge from the military, and sportsmen as it can impair their ability
to hunt. Another important collateral
consequence of a criminal conviction is that drug convictions can result in the
loss of federal financial aid. This is an especially important consideration
for many of my clients at Hayes Lorenzen Lawyers in Iowa City who attend the
University of Iowa. Collateral consequences of criminal convictions can even
impair your vacation plans. Many people
don’t know this, but an OWI conviction in America can result in an American
citizen being denied entry into Canada. When I practiced in Alaska this would
sometimes prove disruptive to clients with family or work responsibilities in
Canada.
There are countless other examples of the jarring impact of
the collateral consequences of criminal convictions ranging from potential
problems in obtaining public housing to driver’s license issues with certain
criminal convictions. With all of these somewhat “hidden” penalties, the decision to “go it alone” without the
assistance of an attorney after a criminal charge is perilous. Simply put, a
seemingly lenient sentence that a defendant obtains without the assistance of
an attorney that avoids jail and just results in a fine and/or probation could
generate a series of unwelcome surprises in the future.
This is why it is so important to seek the advice of an
experienced attorney after being charged with a crime. An experienced criminal defense attorney
should be able to educate clients about these collateral consequences and can
sometimes craft a resolution to the client’s criminal charge that avoids these
collateral consequences.
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