It is easy to think that a misdemeanor criminal charge
may not be a big deal. Do not assume that because your charge is not a felony,
you do not have to worry.
A misdemeanor charge
may have serious consequences requiring an experienced criminal defense attorney
to assist you.
Almost all crimes have both direct and indirect consequences and
sorting this out requires professional help.
** Direct Consequences **
A judge may impose direct
consequences for a misdemeanor charge if you are convicted . While these
punishments may be lower than for felonies, they are not insignificant and can
easily take you away from your family and friends and/or affect your
finances.
• Jail: If you are
involved in multiple misdemeanor offenses you may be sentenced to a year or
more in jail. Some misdemeanors such as being under the influence of a
controlled substance carry minimum mandatory jail time of 90 days.
• Fines:
Misdemeanor crimes may require fines from $1,000 to $2,500 in some
jurisdictions. Once the civil assessments are imposed, the fines become a
significant amount of money that, if unpaid, can lead to violation of
probation.
• Mandatory Classes:
You may be required to attend classes for some crimes such as driving under the
influence of alcohol, petty thefts, being under the influence, or domestic
violence.
In some cases you may be
sentenced to community service or court supervision restricting your freedom.
** Indirect Consequences **
Indirect consequences are
different in that they are typically either immigration or civil penalties
outside of the criminal penalties.
These may make it hard for you to get on
with your life and should not be taken lightly either. Some of these may be:
• Loss of the right to own a firearm: Some misdemeanor convictions restrict the right to own
a firearm: For example, anyone who is convicted of a crime involving domestic
violence, may not own any type of gun.
• Ineligibility for public housing, housing vouchers, or
other public benefits: The public
housing authority has the right to deny you housing if there is compelling
evidence you were or are involved with drug or alcohol related activities.
• Finding employment:
While most states have laws against discrimination on the basis of a criminal
record, it can be hard to enforce if you are in an employment-at-will state.
• Driver's license suspension: In some cases you may lose your license to drive.
For
example, a driving under the influence of alcohol may suspend your privilege to
drive for up to six months.
• Loss or denial of a professional license: If you require a professional license to do your job, a
misdemeanor conviction can cause your license to be suspended effectively
putting you out of business.
• Deportation:
Immigrants with a legal permanent resident status could be deported if charged
with certain misdemeanors.
Being charged with a misdemeanor is no small thing and should not be taken lightly. You want to make sure that you find an experienced criminal defense attorney that can help you with this situation to protect your rights.
How do you find the right criminal defense attorney?
The first thing you want to do is
to go on the internet and look at backgrounds and experience, even if you are
referred to an attorney.
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