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What You Don’t Know Can Hurt You: Collateral Criminal Consequences in Tennessee

Amanda Chotes • Jan 17, 2022

When coronavirus lockdowns hit in 2020, everyone knew there would be adverse economic effects. For the most part, people were ready for them, and they were willing to bear their fare share. But the lockdowns also had some unexpected consequences, mostly in areas like mental health. Anxiety and fear about the disease, coupled with social isolation, was too much for many people to bear.

Other crises in life have direct and collateral consequences as well. For example, criminal defense lawyers are required to warn criminal defendants about the direct consequences of the charges they face in court. Usually, these direct consequences include a fine and/or jail time. However, criminal defense lawyers are not required to warn their clients about the collateral consequences. Frequently, the indirect consequences are much worse than the direct effects.

Generally, avoiding a conviction is the only way to avoid indirect consequences. Usually, criminal charges have procedural, substantive, and/or affirmative defenses. Procedural defenses usually involve errors in the investigation process, like search warrant or Miranda warning issues. Substantive defenses usually revolve around a lack of evidence at trial. Affirmative defenses are matters like self-defense in an assault case.

These defenses are only available if defendants have their day in court. If they remain behind bars, that day often never comes. Many defendants in these situations accept unfavorable plea bargains just to “get it over with.” So, the Montgomery County bail bonds agency Fizer Bonding Company is an invaluable partner if you or a loved one want to pay the lowest bail bond fees available and get out of jail fast. The sooner you work with us and get out of jail, the sooner your lawyer can start effectively preparing your defense(s).

General Rules in Criminal Cases

Criminal record stigma is real and it affects all job applicants. In one recent study, college-educated applicants with criminal records were half as likely to receive callbacks as applicants without criminal records. The academic bias against those with a criminal past is real.

A disproportionate number of defendants are in their 20s. Criminal convictions often affect eligibility for student financial aid. Criminal convictions could also lead to disciplinary action, including expulsion. The process in this area is very unpredictable, especially at private colleges.

Additionally, criminal records usually drive up future bail bond costs. There is usually nothing Fizer Bonding Company or a bail bondsman near you can do about these higher costs. The defendant simply has to pay them.

Case Study: DUI Direct and Indirect Consequences 

Most of us have seen law enforcement and defense lawyer advertisements claiming that a first-time DUI could cost between $10,000 and $20,000. A few of these costs are directly related to the criminal offense. The Ignition Interlock Device requirement is usually the largest one.

Some advocacy groups, such as MADD , believe that IIDs are the greatest invention since sliced bread. Mechanics connect these miniature Breathalyzers to a vehicle’s ignition. If the driver’s BAC is above a preset level, usually .04, the device disables the ignition. Furthermore, the driver must provide periodic “rolling samples” while the car is moving. If a sample is above the limit, or the device records too many “rolling refusals,” the car will not restart.

IIDs are technically optional in Tennessee. However, most judges almost always order them as a condition of bond, probation, and/or an occupational drivers’ license.

Largely depending on how long the defendant must use this device, IID installation, maintenance, monitoring, and removal usually costs about $1,000. Other high direct DUI costs include attorneys’ fees, fines, and court costs.

Indirect costs make up the bulk of the aforementioned eye-popping figure. Higher auto insurance rates are the biggest area. State law requires people with DUI convictions to buy high risk SR-22 insurance and keep it for at least three years. Generally, an SR-22 triples existing auto insurance rates. Especially for young drivers, the cost could be crippling. At the end of three years, insurance costs may not substantially drop. Other companies might or might not offer significant savings.

Other DUI collateral effects are not a matter of dollars and cents, or dollars and sense. DUI usually has significant employment consequences. That’s especially true if a job requires driving a company vehicle. Many commercial insurance companies won’t cover people with DUIs. Additionally, to many employers, a DUI is evidence of poor decision-making skills. Frequently, that assessment is accurate.

Special Rules Regarding Immigration Consequences

The rules in this area are constantly changing. Immigration is a highly-charged political issue and there are strong feelings on both sides. However, we cannot let all immigrants in, and we cannot keep them all out. A line must be drawn somewhere, and that line usually moves about once every four years as the political and election stage changes.

At the outset, U.S. immigration law defines “conviction” differently than other U.S. laws. If a defendant received deferred disposition , the defendant does not have a criminal conviction for most purposes.

Briefly, deferred disposition is a special kind of probation. If the defendant successfully completes all requirements, the judge dismisses the case. Assume Carl applies for a loan, the bank asks about prior criminal convictions, and he received deferred disposition for loan fraud a year earlier. Legally, Carl may state that he has no criminal convictions.

Immigration is different. In this area, deferred disposition usually counts as a conviction. Now, the word is out, and most lawyers are aware of this loophole. But when the rules first changed, many people were caught unawares. Unfortunately, many noncitizens pled guilty to targeted crimes without knowing that their pleas endanger their immigration status.

Not all criminal convictions have immigration consequences. But as mentioned above, the rules are constantly changing in the two major categories:

  • Crimes of Violence : Every crime is a violent crime, but some are more violent than others. Largely depending on which way the political winds are blowing, the specific crimes in this category are subject to change. They usually include murder, contact sex crimes, and aggravated assault.
  • Crimes of Moral Turpitude : By the book, a CMT is a “ depraved or immoral act , or a violation of the basic duties owed to fellow man.” That description could apply to pretty much any offense. Usually, the immigration lists includes theft in any form, non-contact sex crimes, like indecent exposure, and simple assault.

Is DUI a crime of violence or a crime of moral turpitude? Maybe. If the DUI involved an injury collision, it’s probably a crime of violence. If there were any other aggravating factors, it’s probably a crime of moral turpitude.

Noncitizens with immigration problems usually face some very tough choices. For example, many individuals are deported to countries they left as small children. They don’t speak the language and have no idea how to get by. Often family and friends are long gone or impossible to locate leaving them more alone and at risk than before. This is just one of many collateral consequences.

Sometimes, a voluntary departure plea is available in these cases. If noncitizens agree to voluntarily leave, they do not have to wait as long to petition for re-entry. Certainly there are many scenarios a noncitizen needs to discuss with their attorney in this matter.  

Fizer Bonding Company is your first step in reducing the collateral consequences when you or a loved one is arrested.  For more information about getting out of jail fast and the bail bond process, contact the Clarksville, TN bail bond professionals at Fizer Bonding Company. More valuable information and answers to many questions can be found in our website article library. Contact us 24/7 to get out of jail in Montgomery County fast and easy. We get your “tail outta jail” 24/7 and Fizer Bonding Company is a proud member of the Tennessee Association of Professional Bail Agents

“We’ll get your tail outta jail!”

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