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- in Criminal Miscellaneous
- by Stephen Gustitis
We started this series on collateral consequences of a criminal conviction here. Many problems the convicted person faces are the result of these collateral consequences. A collateral consequence is a sanction that is not imposed expressly as part of the sentencing process. Rather, it is imposed by legislative action which Conviction Consequencescreates penalties applicable by the operation of law to the person convicted of a crime. Following is the next installment on the non-comprehensive overview of collateral consequences applicable to persons convicted of a crime for which the criminal defense lawyer should be aware.
One of my readers, Hunter Biederman, (Frisco DWI Lawyer and Attorney Blog) pointed out a federal drug-related conviction can make a person ineligible for federal grants and loans for educational purposes. Some more consequences of a drug-related conviction are ineligibility for federal work-study and Upward Bound from the Department of Education. Those convicted of a drug-related felony are ineligible for any grant, contract, loan, professional license, or commercial license provided by an agency of the United States through the Denial of Federal Benefits Program. Those convicted of a drug-related felony are excluded from Medicare. A drug offender may be ineligible for rural housing loans, conservation programs, and food stamps from the Department of Agriculture. An offender may be ineligible for grants and contracts from the Department of Defense. An offender may be ineligible for loans from the Small Business Administration. An offender may be ineligible for disaster assistance from the Federal Emergency Management Agency. In Texas, a person convicted of a felony may be refused a liquor or alcohol permit for three years after release from confinement, supervision, or parole.
A person convicted for a felony while holding an original or renewal permit is subject to cancellation or suspension of the permit. A prepaid higher education tuition scholarship terminates if the student to whom the scholarship is awarded is convicted of a felony or Class A misdemeanor. A person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. It is an affirmative defense to a civil action for damages for personal injury that the plaintiff, at the time the cause of action arose, was committing a felony for which the plaintiff has been convicted and which was the cause of the damages suffered.
Stephen Gustitis is a criminal defense lawyer in Bryan-College Station. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He is also a husband, father, and retired amateur bicycle racer.