Collateral Consequences: The Truth About Your Plea Deal
By: Daejha Smith
Recently, the Georgia Association of Criminal Defence Lawyers released an
article titled, ‘What’s the Deal? Informing a Criminal Defendant on Types of Pleas and
the Collateral Consequences of Taking a Plea’, detailing an attorney’s obligation to their
clients to ensure that they fully understand the “collateral consequences” associated
with accepting any plea deals.
Collateral consequences, as it’s defined in the article, are the peripheral effects
of accepting a plea for felony or misdemeanor charges. While convictions, fines,
probation, community services, and the like are direct consequences, collateral
consequences are not always so obvious or as well know. Here are a few collateral
consequences that we at the Law Office of Rufus Smith, Jr. feel that everyone should
be made aware of:
Your Right to Vote Everyone is aware of this one. Once convicted of a felony,
you lose your right to vote. What some people might not know is that this is only
in effect as long as your sentence is in effect. You have the right to re-register
once your sentence has been served.
Your Right to Bear Arms Also commonly known, convicted felons and those
convicted of a misdemeanor involving family violence, or possession of drugs,
lose their right to carry a firearm, but as with your right to vote, this revocation
comes with a limit. If your sentence has been served, all fines have been paid,
and you’ve lived 5-years with no further criminal action, you have the right to
petition the state to restore your right to bear arms.
Your Civil Rights Other miscellaneous civil rights are affected by accepting a
plea deal, and those include: your right to serve as a juror and your right to run or
maintain your seat for a public office.
You Right to Government Assistance
Student Loans Some may not know that being convicted of a crime can affect
your ability to receive financial aid as a student. If incarcerated, financial aid will
cease, but will typically be available to the student again once released.
Unfortunately, drug charges tend to have more lasting effects. Students receiving
aid that are convicted of drug charges will not only stop receiving financial aid,
but may be responsible for reimbursing the issuing party for all funds previously
dispersed.
Food Stamps As with financial aid, assistance received via Food Stamps ceases
during incarceration, but is available upon release. Regardless of a conviction,
you may remain eligible for assistance via Food Stamps as long as probationary
and/or parole requirements are met consistently.
Immigration There is a strong chance that conviction of any crime will affect the
naturalization status of any immigrant in the United States, but conviction of
these types of crimes will result in the immediate deportation (so be aware of that
when accepting your plea as well):
● Aggravated Felonies – Murder, rape, trafficking, etc.
● Violent Crimes
● Crimes of Moral Turpitude – Moral Turpitude meaning moral
vileness or wickedness. These are heinous, immoral crimes.
● Crimes with potential for a sentence over a year
● Drug-Related Crimes – With the exception of charges concerning
less than 30 grams (about an ounce) of Marijuana.
● Crimes Involving firearms
● and Crimes Involving Family Violence
There are many, many more collateral consequences to accepting a plea deal and
essentially pleading guilty to felony or misdemeanor charges. If you, or someone you
know, are faced with the decision between accepting a plea deal and going to trial, it is
your right to fully understand all of the consequences. Exercise your right to knowledge,
hold your attorney accountable for keeping you fully informed.