Life After a Conviction: Collateral Consequences After Being Released

Ex-convicts who have been arrested and sentenced in Utah may face what are known as collateral consequences after being released back into the community; making life after a conviction miserable for those attempting to rebuild their lives.

Criminal penalties and time served

Photo by: Blogtrepeneur

Every crime that is committed is countered with legal ramifications that range from probation and community service to a hefty fine and predetermined stint behind bars. Criminal penalties are a direct consequence of a conviction and can vary depending on what law has been broken and whether or not there are multiple charges or subsequent offenses. Once a defendant is sentenced for their wrong-doing, they then carry out their sentence as a sort of legal penance for their misconducts.

Almost free – AP&P

Often when someone has been sentenced or following a period of incarceration, they are sometimes released early on what is known as either probation or parole; both of which grant a convicted person restricted freedom. There are special conditions attached to being on probation and parole that a convicted individual must follow in order to retain their pseudo independence and work towards their complete release. According to the Utah Department of Corrections, the conditions of probation and parole may include:

• Abstaining from controlled substances and submitting drug tests when requested;
• Refrain from owning any dangerous weapons;
• Not associate with those who are involved with criminal activity;
• Obeying curfew that is set by the AP&P officer; and
• Allowing AP&P officers to visit the offender’s home or work to ensure they are abiding by the rules associated with probation or parole.

Parole conditions also include:

• Living only at an approved residence;
• Obtaining permission before leaving the state;
• Maintaining regular full time employment; and
• Allowing random searches of their person or belongings.

AP&P officers enforce these strict rules and expect regular reporting by offenders until their time on probation and parole are finished.

Life on the outside

Photo by: Hartwig HKD

After completing a stint behind bars or following a successful period on probation or parole, a person who has been legally convicted of a crime is then released back into the community and expected to try and live a normal life. Returning to the free world after a lengthy period of time can be a difficult experience for ex-convicts however. They are often returning to lost jobs and/or homes as well as broken families and public shame. If this isn’t enough, ex-convicts also face what is known as collateral consequences of their conviction that make life after release even more unbearable.

Collateral consequences – civil punishment after release

According to the National Institute of Justice, “Criminal conviction brings with it a host of sanctions and disqualifications that can place an unanticipated burden on individuals trying to re-enter society and lead lives as productive citizens.” These unfamiliar burdens post-conviction are known as collateral consequences. Collateral consequences are civil penalties carried out by the state that are not always mentioned in court. NIJ also stated that collateral consequences “attach not only to felonies and incarcerated individuals but also to misdemeanors and individuals who have never been incarcerated.” Some collateral consequences are well known such as convicted felons not being able to possess firearms or serve on a jury. Others are unexpected and not reserved only for felons.

The harsh reality post-conviction

Photo by: Kathryn Decker

The Utah Sentencing Commission released a document in 2014 that lists 15 difference areas of life that will be affected by having a criminal record. They also listed the the amount of collateral consequences for each area:

Area and number of collateral consequences

• “Employment                                                     435
• Occupational and professional licensing  273
• Business licensing and property rights     234
• Government programs                                     14
• Government loans and grants                         3
• Judicial rights                                                      21
• Government benefits                                         7
• Education                                                             18
• Political/civic participation                            68
• Housing                                                                22
• Family/domestic rights                                   35
• Recreational license/firearms                       20
• Registration and residency restrictions     63
• Motor vehicle licensure                                   41
• General relief provision                                  20
Total                                                                   1,274

Every one of these areas that are critical to living a normal life is affected when a person is a convicted felon. Surprisingly, 12 out of 15 listed areas have collateral consequences for those who have simple misdemeanor conviction on their record.

Legal counsel

It is vital for anyone facing criminal charges to know the ramifications that any charge can carry, whether those implications are criminal penalties or collateral consequences. Before pleading guilty or accepting a plea bargain, discuss all possible criminal and collateral consequences first with an experienced a criminal defense attorney

Illinois Man Booked in Utah Jail for Fugitive from Justice Warrant

An Illinois man who was wanted for sexual crimes against a child was booked into a Utah jail for a fugitive from justice warrant.

Utah does not harbor Fugitives

fugivite from justice

Photo by: Thomas Leuthard

38 year old Ivan Faunce who was reported to be a violent criminal wanted for sexual crimes against a child, was arrested Wednesday evening by U.S. Marshals. Faunce had allegedly been living on a farm in a motor home, possibly for several weeks as he had been evading U.S. Marshals. Faunce initially refused to leave the motor home, threatening to shoot himself with a pistol on his possession. Faunce finally relented, and was booked into the Salt Lake County Jail on a fugitive from justice warrant.

Fugitive from justice warrant

Utah Code 77-30-13 states regarding a fugitive from justice warrant: “ Whenever any person within this state shall be charged on the oath of any credible person before any judge or magistrate of this state with the commission of any crime in any other state, and, except in cases arising under Section 77-30-6 that he has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his bail, probation or parole, ( . . . )the judge or magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this state, and to bring him before the same or any judge, magistrate or court who or which may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.”

Criminal Penalties if you flee

Photo by: Norman

Photo by: Norman

By choosing to flee, Faunce only temporarily held off facing the criminal charges from his offenses back in Illinois, and now he also has two third degree felonies in Utah-both fugitive from justice warrants. Additionally, he will not have the option of getting bailed out of jail as bond is only set for those not considered a flight risk. He has already proven that he cannot be trusted to stay in town. Running rarely ends up well for those facing criminal charges. A fugitive from justice warrant never expires which means those running will be running for the rest of their lives or until they are caught, whichever comes first. For more information on handling criminal charges responsibly, contact a criminal defense attorney.

Estranged Ex-Husband Facing Six Counts of Vehicle Arson in Utah

An estranged ex-husband, who allegedly lit his former wife’s car on fire along with multiple others throughout Iron County Utah, is facing a total of six counts of vehicle arson.

Not the right way to get her attention

Photo by: Billie Grace Ward

Photo by: Billie Grace Ward

23 year old Issac Wall of Beaver Utah was arrested for multiple counts of vehicle arson after witnesses described a man fitting his description fleeing the scene of the first vehicle was torched. The person living at that Cedar City home just so happened to be Wall’s ex-wife.

Covering his tracks

In what some are describing as a failed attempt to cover his tracks, Wall left his ex-wife’s car on flames and then went to three random locations throughout the area and ignited an additional five vehicles on fire. Four of the vehicles ended up being a complete loss while the other two had minor damage.

Vehicle arson

Vehicle Arson

Photo by: perthhdproductions

Utah Code 76-6-102 states “A person is guilty of arson if, under circumstances not amounting to aggravated arson [where a home or habited vehicle or building is involved], the person by means of fire or explosives unlawfully and intentionally damages:

a) Any property with intention of defrauding an insurer; or
b) The property of another.”

Six second degree felonies

The charges for arson depend on the value of the property damaged and whether or not anyone was, or could have been hurt. Fortunately, no one was injured in the any of the instances of vehicle arson that Wall was supposedly responsible for. Yet due to the extensive damage and value of the automobiles involved in the vehicle arson, Wall is facing six second degree felonies; each with a possible prison sentence of one to 15 years and a fine of up to $10,000.

Divorce counseling

Photo by: Joe Houghton

Photo by: Joe Houghton

While numerous married couples will attempt counseling at a way of reconciling their relationship, rarely is counseling ever suggested for divorced couples unless children are involved. Divorce therapists and counseling centers are available however, and are often free through religious affiliations or covered by many health insurance companies. For those struggling with the aftermath of a divorce, it is recommended to speak to someone to sort out any lingering issues. For those who have made poor choices following a divorce, such as Issac Wall and his six counts of vehicle arson, it is imperative to seek a criminal defense attorney immediately.