A criminal conviction can carry a multitude of Collateral Consequences, depending on which type of crime is involved.  Below you will find a list of Collateral Consequences for not only General Criminal Convictions, but also convictions involving Vehicular Crimes, Sex Crimes, Domestic Violence & Assault Convictions, and the effects regarding Professional Board Licensing Consequences.

General Crimes Collateral Consequences

Probation.  If you’ve been convicted of a Felony (or certain types of Misdemeanors), you may be placed on Supervised Probation.  This will require you to meet with a Probation Officer (P.O.) monthly at their office.  Although this can eventually be reduced to telephonic “check-ins”, it will still require you to inform your place of employment about your criminal conviction, and that you are currently on Probation.

In addition, a Surveillance Officer (S.O.) will be appointed.  The Surveillance Officer can show up at your work or home at any time.  You must let them into your house, and you must allow them to search not only your residence, but also your person, if they so request.

Standard Terms of Probation often include the following:

• No guns or weapons in your residence.
• You cannot live with another convicted felony or associate with them.
• No alcohol in the home, and no consumption allowed at any time (sometimes).
• Drug testing (sometimes).
• You must live in the County where you are convicted (unless given prior permission to transfer to another County, or another State.)  Transfers to another State require the other State accepting you first, pursuant to the Interstate Compact.
• You are not allowed to leave the County (or State) without permission from your Probation Officer.  You also must get permission every time you leave (even if it is weekly for work).

DUI & Vehicular Criminal Collateral Consequences

In addition to the Standard Probation Terms, you may also have your driver’s license suspended or revoked.  Upon reinstating your license, you will be required to obtain SR22 insurance, which can cost you up to $300 a year.  In addition, your insurance will go up approximately $3,000 or more per year for the next three years.  An Interlock Device may also be required for you to place on your car, which will require to blow into it to start your car, and conduct a repeat blow every 15 minutes in order to keep your car activated.  Lastly, you could have Immigration Consequences for a simple DUI (for example, Canada will not let you cross into their territory if you have a DUI conviction).

Domestic Violence & Assault Collateral Consequences

If you are convicted of a DV Assault, you will not be allowed to possess a gun.  This could prevent you from being a Police Officer, a Security Officer, or even entering the Military.  In addition, there can be Child Custody ramifications due to the fact a Domestic Violence Conviction creates a presumption of that having a child reside with you would “not be in the Child’s best interests.” Lastly, Immigration Consequences can apply, which would keep you from entering Countries and Unions such as Canada or Europe.

Sex Crimes Collateral Consequences

A Sex Crimes Conviction will not only require you to be on Probation, which includes Standard Terms, but potentially also “Sex Offender” Terms.  These Terms can prevent you from having internet access.  If they do allow you to have internet access for work only, then you will only be able to use a computer which is at your place of work (i.e., no home laptop).  And regardless of what computer you are allowed to use, you cannot view adult pornography.  Other conditions can include:

• No contact with any minors (even your own children) without permission of your P.O. or the Court.
• You will not be able to live within certain distances of schools or parks.
• You may have to Register as a Sex Offender, which could require you notifying your neighbors of your conviction.
• Mandatory counseling would be put in place, in which you would have to participate in group settings, and you would have to admit your guilt.
• Mandatory Polygraph Tests to see if you viewed any pornography or used the internet.
• Possible Plethysmograph Tests, which would involve the embarrassing procedure of having sensors placed on your penis and then being shown generic pictures of small children to see if it creates a sexual arousal reaction.

Sex Offender Terms:

Upon Conviction, Standard Conditions of Probation are issued under the Uniform Conditions of Supervised Probation.  These normally run from Terms 1 through 15.  In regard to Term 15 as it relates to Sex Crimes, there is usually three different subcategories.  These include: (1) Sex Offender Terms; (2) Computer Usage Terms; and (3) Sex Offense Registration Terms.

General Sex Offender Terms: 

As to General Sex Offender Terms, this includes the requirement that a Defendant secure prior written approval of the Probation Officer before going near any schools, parks or recreation areas where children under the age of 18 may be located.  In addition, the Defendant must obtain prior written approval before dating, or socializing, or entering into any sexual relationship with a person who has children under the age of 18.  The Defendant also has to provide the make, model and license plate number of any car they drive, and they must obtain written permission before using any device that has internet accessible capability.  These are some of the more onerous terms that are imposed by the Probation Department.

Computer Usage Terms: 

Computer Usage Terms includes requirements that the Probation Officer be allowed to monitor any personal computers or professional computers (if self-employed).  The Defendant is also limited to using all printers, scanners and copy machines for lawful purposes only.  The Defendant is also required to turn over all passwords for personal computers, and all accounts for cell phones, internet service providers, etc.  In addition, the Probation Officer is allowed to monitor or seize any personal or professional computers (if self-employed), and the Defendant is required to install at their own expense software which allows the Probation Officer to monitor their activities on those computers.

Sex Offense Registration: 

Registering as a Sex Offender is required under ARS 13-3821.  This includes any types of crimes, but the main ones are included in ARS 13-1400, et seq.  This includes Sexual Abuse, Sexual Conduct with a Minor, Sexual Assault, and Molestation of a Child, among others.  In regard to ARS 13-3500, et seq., this includes Sexual Exploitation of a Minor, Luring a Minor for Sexual Exploitation, and Child Sex Trafficking, among others.

There are many requirements once a person has to Register as a Sex Offender.  Among these, are the requirement to sign and affix an electronic fingerprint and provide identifying information to the Department of Public Safety.  This also includes providing blood or bodily substances for DNA analysis.  After the initial Registration, the person must Register each and every year during the month of their birth.  They have to go to the local Sheriff in the County in which they reside, and they have to obtain a new ID/Driver’s License with DMV every single year.  This means, a person has to annually update their address and photograph with the DMV.

Other requirements are providing all “Online Identifiers” of forms on which the Defendant visits.  Such as Instagram, Facebook, LinkedIn, etc.  Also, a person who is a student or employee at a public or private educational institution, must notify the Sheriff of that particular employment in the County in which they are located.  At DM Cantor, we always provide a complete list of requirements once somebody has been sentenced for a Sex Crime.  In addition, we help our Clients fulfill those requirements.

Professional Board License Collateral Consequences

If you hold a Professional License and you are convicted of a crime, there could be multiple consequences which apply.  These can include:

• The loss of your Professional License, or at least a short-term Suspension.
• Mandatory Classes.
• Mandatory Reporting to your clients or patients.
• Mandatory Reporting on a statewide website which would allow your patients or clients to see your criminal conviction.
• If you are Doctor, under BOMEX, there can be requirements that you are not allowed to issue prescription drugs, or be around patients without a secondary person supervising you.
• If you are Masseuse, you can lose your Massage License.
• If you are a Realtor, the Real Estate Board can Suspend your Realtor License.  This happens many times where people have two or more DUI convictions.
• If you are a Pilot, the FAA can suspend your Pilot’s License if your automotive driver’s license becomes suspended.
• If you are an Attorney, the State Bar of Arizona can Suspend or Disbar you if your convictions involve violence or a “truth & veracity” violation.

At DM Cantor, we are well-versed in all of the Collateral Consequences which can involve a multitude of criminal convictions.  In addition, if Immigration consequences are involved, we will direct you to secure the services of an Attorney who specializes in Immigration Law.  As to Professional Board Representation, DM Cantor has appeared in every type of Professional Board Hearing, and we have helped countless Clients maintain their Professional Licenses.

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