Although a misdemeanor conviction can potentially land someone in jail for up to 12 months or with a major fine, these are by no means the only possible consequences. Understanding what’s at stake in your criminal case can help you prepare accordingly. But who can you count to fight to avoid the collateral effects of a conviction?
It’s time to speak with Surovell Isaacs & Levy PLC. Our criminal defense team represents clients in Fairfax County by developing a personalized legal strategy with their best interests in mind.
Employment
Employers may run into legal problems if they have a blanket policy that excludes all applicants with a criminal record, especially since this may disproportionately affect minority applicants. But this does not mean that they cannot take a conviction into consideration. For instance, the employer may weigh such factors as:
- The severity of the underlying misdemeanor
- How much time has passed since the applicant was convicted
- The nature of the job and whether the applicant might pose a safety risk
Certain Fairfax County occupations with security clearances, character requirements, and licensing criteria may be out of reach if the applicant has been convicted. In addition, a licensing board may separately review your continued eligibility to remain a practicing member of the profession which it regulates. These disciplinary boards have different criteria and they may bar or suspend you from continued membership in the profession.
Housing
The same disproportionate impact concerns that affect employment also affect housing. Just because someone has been convicted of a crime does not make them inherently risky to others. Nonetheless, landlords and housing authorities may take into account whether someone’s conviction poses a direct threat to the safety and property rights of others.
The property owner could give you a chance to explain the circumstances surrounding your conviction, and consulting with a Fairfax County criminal defense lawyer before applying can help you in this respect. You should also speak with an attorney if you believe your conviction has no bearing on public safety but you have been discriminated against.
Immigration Status
Misdemeanors work somewhat differently in the immigration system, because authorities may consider a sentence of at least one year to be serious enough to warrant deportation or other actions. This is especially true if the crime in question involves moral turpitude, such as:
- Theft
- Fraud
- Intent to steal or defraud
- Assault and battery
- Bodily harm
- Sex offenses
Moreover, a person with temporary protected status could face removal from the country if they have two or more misdemeanor convictions. If you are applying for citizenship or naturalization, you hold a visa, or you are an undocumented immigrant, it is imperative that you consult a seasoned criminal defense attorney for any pending charges.
Family Law
Judges in family law cases are particularly sensitive to criminal convictions when it comes to children. Even a misdemeanor conviction could raise questions as to whether the parent is fit for custody or visitation. This certainly applies to any misdemeanors that involve moral turpitude.
But the concern is somewhat more expansive since children are involved. For instance, a DUI in Fairfax County is usually prosecuted as a misdemeanor. But even an arrest for drunk driving suggests that a parent may drive the child while intoxicated, and the judge will take this into consideration.
How to Avoid These and Other Legal Problems
Put simply, a criminal conviction – even for a misdemeanor – could have rippling effects in many areas of your life for years. You cannot afford to fight the prosecution’s case on your own. When you retain our law firm to represent you, we will develop a customized approach to challenging the state’s case.
If you have been arrested or charged with a misdemeanor, we advise the following:
- Contact an attorney immediately: First and foremost, retain a seasoned Fairfax County criminal defense lawyer.
- Exercise your right to remain silent: Do not speak to law enforcement officers or prosecutors.
- Gather exonerating evidence: If there is any evidence that clears your name, either gather it or ask an attorney to assist you in getting it.
- Write down the details: Write down everything you can remember about your actions in connection with the alleged crime.
- Note any defenses you may have: Perhaps there is a legal defense (e.g. self-defense) that could work in your favor, so make note of it.
Were you or a loved one charged with a misdemeanor? If so, the best way to avoid the worst consequences of a conviction is to speak with an attorney right away. Call us or complete our online contact form now to get started.
Posted in: Criminal Law