Unforeseen criminal consequences of the plea or conviction.
Very often we will see a lawyer enter into a plea agreement with the District Attorney that will have unforeseen consequences. For example, the consequences for a plea may be revocation of a professional license or deportation for a lawful permanent resident. Or, the plea or conviction may prevent someone from obtaining employment. These are all unforeseen consequences of the criminal plea or conviction. This page and those that follows, discuss this topic. In many criminal cases a plea agreement may have to be entered into that will have other consequences but it is important to understand what those consequences are. For example, please review the following chart. Being placed on probation, pretrial diversion or bond may affect your civil rights as follows:
The Right to Vote
| Misdemeanor Probation |
No Effect |
| Deferred Felony Probation |
No Effect |
| Regular or Shock Felony Probation |
Cannot vote until discharged from sentence. |
The Right to Hold Public Office
| Misdemeanor Probation |
No Effect |
| Deferred Felony Probation |
No Effect |
| Regular or Shock Felony Probation |
Only when discharged and rights restored |
| Felony DWI, Involuntary Manslaughter, Intoxication Manslaughter |
Cannot hold public office |
Right to Serve on a Jury
| Misdemeanor Probation |
No Effect – Exception: misdemeanor theft, including deferred, cannot serve until rights restored. |
| Felony Deferred and Regular Probation |
Effected until court sets aside accusation and dismisses charges |
| Felony DWI, Involuntary Manslaughter, Intoxication Manslaughter or SJF |
Cannot Serve |
Right to Keep and Bear Arms
| Misdemeanor Probation |
No effect unless charge is domestic violence. |
| Deferred Felony Probation |
May possess firearm, ammunition, and hunt but cannot buy additional firearms, ammunition, or carry across state lines. |
| Regular or Shock Felony Probation |
May not possess, ship, transport, or receive a firearm or ammunition. |
