Criminal Defense – The Consequences of Your Decisions in a Criminal Defense Case.

Criminal Defense – The Consequences of Your Decisions in a Criminal Defense Case.

Criminal Defense – The Consequences of Your Decision in a Criminal Defense Case. The Justice Room welcomes William Orth, Attorney at Law, who will be discussing Criminal Defense and  the consequences of your decision in a criminal defense case.  How your decisions can effect you presently and possibly 10 years from now.

Today’s show opens with reviewing a case wherein the defendant charged with immigration issues in a criminal case 6 years ago is today being deported because of a decision he made on his criminal defense case.  In this particular case a plea was entered without any consideration being given to immigration law.

When someone comes in to see me, states Mr. Orth, one of the things I initially ask is where were they born and if not in the U.S., what is their immigration status – not that this makes a difference to me personally however it could make a big difference in their defense. It effects how I do my job. There are different rules for different convictions when dealing with immigration and I recommend them seeking counsel from someone specializing in immigration law.

Beyond immigration, there could also be collateral consequences on criminal cases.   The biggest example in the state of Florida is if you get convicted of a drug offense – no matter if it is a misdemeanor or felony, if you are found guilty, you could lose your license for 2 years.

Sometimes when you get arrested there is more than just one charge against you – an example would be a criminal case of domestic violence where the violence happens in front of a child and the husband, who is not a US citizen, gets arrested.  Now there are dependency issues, immigration issues and criminal defense issues.   Where do you get started with all that.  Your most important thing to do is hire a good criminal defense attorney.  That attorney will advise you to consult with other attorneys who specialize in these other types cases.

Beyond this case, saying there is a plea offer, could there be consequences 5 years after you take the plea.  Yes, you could have immigration issues where the paperwork is backlogged.  In the case mentioned earlier,  it was 6 years before something surfaced.   If you admit guilt in a certain case, it might be used against you in another case.  What you might do today could have serious consequences down the road.

If you have a criminal issue, what are some things you should think about before you take a plea offer?   One thing to consider is what you do for a living and how this will effect your job – it could effect security clearances that need to be renewed or if you are a teacher or coach for little league –if you are convicted of crime you would not be approved to be a volunteer in a class.

What are the differences, if any, on a felony or misdeamenor.   It reallly depends on what you are taking about.   With drug crimes, felony or misdemeanors, you could lose your licnse.   Crimes of dishonesty such as theft could have consequences.

Have you ever been arrested – how should you answer that on a job application?  That is a decision that needs to be made on a case-by-case basis.  It is one thing if you have sealed or expunged your record but if there is a chance your potential employer can find out about prior arrests and you say no, chances are you will not get the job.

What about consequences on the families – an example, families left behind because the plea deal taken by the defendant was 2 years in jail.  Be up front and truthful with family members because it could effect the family emotionally and financially.

Another consequence that a lot of people do not think about – cases where the attorey is working with a criminal defense investigator and the client decided to switch attorneys.  The new attorney decides not to use the investigator.  Could there be consequences in doing so that might harm the defendant.   Attorneys do not try to investigate and investigators do not ry to attorneys.  If it is a very serious charge, an attorney cannot do an investigator’s job – such as interview witnesses.   A lot of times it is a bad idea to stop using an investigator and have the attorney thinks he can do what the investigator does.  There are consequences  that could be created when the services of the investigator are stopped.  One such example might be witnesses that are not put in front of the jury which should have been.

Summarizing the show on decisions made by defendants – if you are not a US citizen never make a decision on a case without consulting an immigration attorney.   Also remember to ask, what are the consequences, if any, regarding my decisions in a crminal case today.  It could impact your life tomorrow.

Learn more about this and other criminal defense issues related  to this matter by listening to this podcast.

The Justice Room thanks William Orth for speaking with The Justice Room.  William Orth is the sole practitioner at the Law Offices of William Orth and is a licensed to practice law in the state of Florida.  The host of the Justice Room is Jay Jacome , owner of Florida Defense Investigations which is based out of Central Florida.

Should you have any questions about this episode or have a question for our guest speaker, please let us know using our Contact Us on this site to submit your questions.

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