What Happens If I’m Convicted of a Crime?
By Jonathan Blecher on October 31, 2024
While it might seem like your world is caving in when you are arrested, even if you are a convicted felon, you will still have rights. Civil rights are granted to everyone, even those facing conviction.
Getting legal help for crimes is critical because you need someone with a complete understanding of the criminal justice system to help you through the process. A defense attorney for convicted crimes will give you a better chance of legal outcomes after less severe convictions. While there are no guarantees, every defendant should seek legal representation immediately after they are arrested.
Attorney Jonathan Blecher is a criminal defense attorney who has helped people with both misdemeanor offenses and felony charges through the legal process. In this blog post, you’ll learn about felony consequences, criminal records, appeals, and how an attorney can be essential in preserving your freedom.
What Is the Process When Convicted of a Felony or Misdemeanor?
In order to get to the point of a felony conviction or even a conviction for misdemeanor charges, you must first be arrested by a police officer. Police officers first must have a reason for their arrest, such as a warrant or having reasonable suspicion that they are committing a crime.
Once the arrest is made, you go through the legal process and face a jury trial. Convictions can happen either by entering a plea bargain or by the jury finding you guilty beyond a reasonable doubt. If you have a guilty verdict, the next step is sentencing, which is when the judge decides the penalties you’ll face.
Criminal Conviction Consequences for a Misdemeanor or Felony Offense
Convicted felons will typically be sentenced to prison rather than the county jail. Regardless of your type of conviction, the federal government will always have your fingerprints on record in the FBI database. You’ll likely face court costs and other fees along with fines, all of which you will be required to pay.
Whether you are convicted of drug crimes, domestic violence, a sex crime, or any other felonies or misdemeanors, you will have consequences that are far-reaching beyond the ruling of the judge and your guilty plea.
Loss of Voting Rights
Depending on the type of criminal conviction, you may no longer get the opportunity to vote someone into public office.
Loss of Professional Licenses
Certain professions require a valid professional license or certification. Teachers, doctors, and even lawyers must have them, and if convicted of criminal charges, you may receive a lifetime ban that forbids you to continue in this professional career.
Difficulty Finding Work
It likely comes as little surprise that many employers will hesitate to hire someone who is convicted of a felony or has a criminal record. While there are a few exceptions, most employers will conduct background checks prior to hiring new employees, and if you have a record of criminal activity, you will be less likely to find a good job.
Lifetime Registration Requirement
Sex offenses are taken very seriously, and if you are convicted of a sex offense, you must register as a sex offender. Failing to do so or to keep your listing current can result in additional penalties.
Concerns with Parental Rights
Often, serving jail time or getting hit with a felony charge may cause problems for your parental rights. You may lose custody of your kids or no longer be granted visitation rights.
Immigration Consequences
A person charged and convicted of crimes can mean that they are deported or lose their chance to obtain permanent residency.
If a judge issues a guilty verdict and you are convicted, the consequences that follow will affect every aspect of your life. You may be denied from holding public office as an elected official, struggle to be approved for suitable housing, lose government benefits provided under state and federal law, no longer be permitted to possess firearms and lose your driver’s license.
It will all depend on the specific crime, your sentence from the court, and other factors in your criminal case. Having the best defense may help you minimize these consequences and their impact on your life.
Understanding the Appeals Process
If you are convicted of a felony, you may be able to appeal the decision. However, this isn’t an option for everyone in these circumstances. Appeals are only granted for juror misconduct, incorrect jury instructions, ineffective counsel assistance, lack of evidence for being found guilty, and other similar grounds.
The appellate court will need to review your case to determine if any errors were made that could have affected the case’s outcome. If so, you would be eligible to appeal your case.
Many people make the mistake of assuming that an appeal is a second chance for trying their case again. In the event you are eligible for the appeals process, your lawyer will discuss this process in greater detail.
Is There a Way to Clear My Criminal Record?
When you are given a sentence at a penal institution, have paid your fines, and followed through with the rest of your punishments, you may wonder if you are stuck with this blemish forever.
In some cases, you might have the opportunity to seal or expunge your criminal record. Sealed records will mean that law enforcement, courts, and government agencies will still be able to view them. Expunging it clears it more effectively, but it will show that expungement has occurred without offering more detail.
It will also depend on the nature of the crimes, your circumstances, and whether you will be able to use this option. If you have questions about what your charges mean for your future on your record, it is wise to discuss them with your defense counsel.
How a Criminal Defense Attorney May Be Able to Help
When you are arrested, having an attorney may not stop you from being convicted, but they can work towards a better outcome. Even if you are found guilty of the crime, your attorney may be able to keep you out of jail or advocate for a more lenient sentence from the court.
Your attorney can also negotiate a plea for a lesser charge or even challenge the evidence against you. Remember, the prosecution has the burden of proof to show you are guilty beyond a reasonable doubt. If your counsel is able to show the evidence is insufficient, it may lead to the dismissal of your charges.
In many cases, attorneys can keep your case from going to trial, though if you find yourself in the courtroom, they will be instrumental in protecting your legal rights. While you can certainly let a public defender represent you for free, hiring defense counsel gives you a better chance of avoiding the harshest punishments.
If there is no way to avoid a conviction, your attorney will be able to advocate for probation or seek a sentence that puts you in a rehabilitative facility rather than jail or prison. You may still face collateral consequences of your crimes, though your attorney can help guide you through these challenges.
Contact Jonathan Blecher when you are facing charges for an alleged crime. You’ll have an advocate to stand up for you in front of the judge at trial.