Implications of a felony conviction

[MrsDeeKay]

I know I have seen a couple of posts talking about taking a plea and not really understanding the life-long implications of having a felony.

I am realizing I am in that same boat..... My husband pled guilty to 1 count of Conspiracy to violate anti-kickback law. A handful of reps were not following compliance laws and hiding it in expense reports. No actual proof on him thus conspiracy. Judge said, You had a good product. Just overzealous in the marketing. Basically government offered plea to 1 count or you can fight it and we will subpoena every expense report and could end up with 40+ counts. Each count was up to 5yrs and a HEFTY fine. He got 6 months at camp, 6 months at home, and a HUGE fine.

I feel sure the attorney went over all of it with him and hubby may have told me but honestly when this was going down I was in shock and not comprehending or maybe just didn't retain much. What I know is no guns which means no hunting, no voting, stay away from felons.

I just read someone saying the LO can't sign a lease? I guess I kind of figured the consequences would affect him but now I am wondering how it will affect us as a couple and me as an individual. I was kind of thinking when this was all said and done we would down-size our house and buy a camper and ride off into the sunset for a while...but now I am wondering of the impact on credit? Where can I find the information laid out of what being a felon really means?

Thank you!

[Curt'swife8]

I am speculating some when I say this, but I honestly believe YOU should not be impacted. The credit you have earned and your integrity as a person does not change because your husband made a mistake. You may have to carry him in the same way you did while he was doing his time, but you should still be able to get loans, etc. independently. I cannot say what opinions people will have about his status when coming into a leasing situation. I guess, technically, they can refuse residency.

I own our home and I had to sign (POA) for my husband when I refinanced because it is state law in Ohio. He is not listed as an owner per se and he was not evaluated for loan acceptance, but he had to "sign" to show acknowledgement of the property. I try to stay private with my neighbors because I don't want them passing judgement when he does come home. It is my understanding that we cannot be held responsible for their debts/fines/loans incurred prior to marriage. Even if you were married when he accepted the felony charge, I don't think you can be held accountable for his restitution if he has some. Because you share money as a married couple, you will be affected only due to the fact that his contribution to the home will be less.

[yourself]

Okay, no voting, no guns you have right.

Once he's not on parole or probation, he can associate with whomever he wants. Institutions may have limits on what he can or cannot do, but government will not.

He can sign leases, mortgages and other contracts. Some lessors may exclude him from leasing a house because he's a felon. this is not universal, it is not law, and some lessors don't give a crap.

Most felons have difficulty getting jobs. Most felons have limited education and skill sets, and many have never worked a legal job before. As a result, they are stuck filling out applications for jobs and checking the box yes after the question, "are you a felon".

He may have trouble getting or holding certain professional licenses or getting bonded. Locksmith comes to mind. Nursing, doctoring, etc. he may even have trouble becoming a swim coach or preschool teacher. This may be by state law in the form of professional licensing regulations.

Depending on whether the crime he was convicted of involves dishonesty (and in this case it's a yes, but I have a cold right now so my head is a bit fogged, and I could be wrong, but I'm not going to look it up), his word may have less meaning then that of somebody with no such conviction.

And I'm probably missing a few things here and there. How much this effects you, I cannot say. Most felons have crap credit ratings, so a marriage with such a person means higher mortgage rates and difficulty buying or leasing cars. Many felons have crap work histories and this has a direct effect on a couple's retirement. She me felons have huge fines/costs/blah-blah-blah (remember, I have a cold, a frigging head cold, grr), and that impacts a lot of things in a couple's life, necessitating a strict division in assets in states that are not community property states.

Oh, and any decent estates lawyer (the person who puts together your wills, trusts, and other testimentary documents) will tell you that you should visit that person every five years or with every major life change to re-evaluate your estate planning. Being convicted of a felony, whether prison is involved or not, constitutes a major life change, so you should make an appointment.

Further, you should visit your financial planner as well as your tax person as there may be nuanced changes that need to be made as a result there.

And I'm sure others will add to this list.

[safran]

"Okay, no voting, no guns you have right."

Many states do restore voting rights after supervised release.

[yourself]

Originally Posted by safran

"Okay, no voting, no guns you have right."

Many states do restore voting rights after supervised release.

And some require a period of government free involvement before that can happen. It changes, state by state. And, it is an area of much volatility in the law atm.

[xolady]

I have a question what if ajudication is w/held in a felony charge? What is your legal status then/?

[yourself]

Originally Posted by xolady

I have a question what if ajudication is w/held in a felony charge? What is your legal status then/?

Then don't get into any sort of trouble during the period that it's being held. After that, theres no conviction or threat of conviction. Strictly speaking, you are not a felon, but I wouldn't go out purchasing guns. Voting, go for, but buying guns is just asking for trouble as the case will still be listed as open. So when they run that background check (mileage may vary, state to state), if will come up and you will get on LE radar.

And of course, you should contact a licensed attorney in your jurisdiction to make sure of my interpretations, as my interpretations are state specific, and general

[xolady]

Originally Posted by yourself

Then don't get into any sort of trouble during the period that it's being held. After that, theres no conviction or threat of conviction. Strictly speaking, you are not a felon, but I wouldn't go out purchasing guns. Voting, go for, but buying guns is just asking for trouble as the case will still be listed as open. So when they run that background check (mileage may vary, state to state), if will come up and you will get on LE radar.

And of course, you should contact a licensed attorney in your jurisdiction to make sure of my interpretations, as my interpretations are state specific, and general

This was in Florida and it was me I took a plea of two years probation and ajudication was w/held. I never lost my rights as far as I know? This was like 20 years ago. When its adjudication is withheld your not a convicted felon right or wrong?

[yourself]

Originally Posted by xolady

This was in Florida and it was me I took a plea of two years probation and ajudication was w/held. I never lost my rights as far as I know? This was like 20 years ago. When its adjudication is withheld your not a convicted felon right or wrong?

Check with a local attorney, but it is my understanding in my jurisdictions that you are not a felon, so all those limitations do not apply. I think you'll find most FL lawyers agree with me and it will put your mind to rest.

[xolady]

Originally Posted by yourself

Check with a local attorney, but it is my understanding in my jurisdictions that you are not a felon, so all those limitations do not apply. I think you'll find most FL lawyers agree with me and it will put your mind to rest.

I'm not worried was just curious!! I could careless at this point in my life. I don't have to worry about being excluded for anything just wondered!! Thanks

[MrsDeeKay]

Originally Posted by xolady

I have a question what if ajudication is w/held in a felony charge? What is your legal status then/?

What is an adjudication?

[MrsDeeKay]

Originally Posted by yourself

Okay, no voting, no guns you have right.

Once he's not on parole or probation, he can associate with whomever he wants. Institutions may have limits on what he can or cannot do, but government will not.

He can sign leases, mortgages and other contracts. Some lessors may exclude him from leasing a house because he's a felon. this is not universal, it is not law, and some lessors don't give a crap.

Most felons have difficulty getting jobs. Most felons have limited education and skill sets, and many have never worked a legal job before. As a result, they are stuck filling out applications for jobs and checking the box yes after the question, "are you a felon".

He may have trouble getting or holding certain professional licenses or getting bonded. Locksmith comes to mind. Nursing, doctoring, etc. he may even have trouble becoming a swim coach or preschool teacher. This may be by state law in the form of professional licensing regulations.

Depending on whether the crime he was convicted of involves dishonesty (and in this case it's a yes, but I have a cold right now so my head is a bit fogged, and I could be wrong, but I'm not going to look it up), his word may have less meaning then that of somebody with no such conviction.

And I'm probably missing a few things here and there. How much this effects you, I cannot say. Most felons have crap credit ratings, so a marriage with such a person means higher mortgage rates and difficulty buying or leasing cars. Many felons have crap work histories and this has a direct effect on a couple's retirement. She me felons have huge fines/costs/blah-blah-blah (remember, I have a cold, a frigging head cold, grr), and that impacts a lot of things in a couple's life, necessitating a strict division in assets in states that are not community property states.

Oh, and any decent estates lawyer (the person who puts together your wills, trusts, and other testimentary documents) will tell you that you should visit that person every five years or with every major life change to re-evaluate your estate planning. Being convicted of a felony, whether prison is involved or not, constitutes a major life change, so you should make an appointment.

Further, you should visit your financial planner as well as your tax person as there may be nuanced changes that need to be made as a result there.

And I'm sure others will add to this list.

Thank you for the wealth of info....

So for the most part it will be guns and voting.

Financial planner is aware as he had to help us plan how to pay the fine/restitution.... and that is all taken care of.

We have Wills, Living Wills, and POA's but no estate planning or trusts. Adult children and everything is laid out in Wills. Do you still advise a visit to the attorney?

Not sure how it would affect taxes as we are retired but I will sure ask about it!

Thank you for taking the time to share your knowledge

I sincerely appreciate your help!!!

[Minor activist]

Originally Posted by yourself

And some require a period of government free involvement before that can happen. It changes, state by state. And, it is an area of much volatility in the law atm.

All true.

Depending on the state you may or may not be required to have paid off all court-ordered financial obligations plus being off paper before you can vote again.

There are only a few states which take away voting rights forever.

[xolady]

Originally Posted by MrsDeeKay

What is an adjudication?

I believe it means judgement if its withheld your not either guilty or not guilty. I really don't understand it, it's basically a legal term.

[yourself]

Originally Posted by xolady

I believe it means judgement if its withheld your not either guilty or not guilty. I really don't understand it, it's basically a legal term.

One is adjudicated, a judgement is handed down. They are variations on the same concept.

[yourself]

Originally Posted by MrsDeeKay

Thank you for the wealth of info....

So for the most part it will be guns and voting.

Financial planner is aware as he had to help us plan how to pay the fine/restitution.... and that is all taken care of.

We have Wills, Living Wills, and POA's but no estate planning or trusts. Adult children and everything is laid out in Wills. Do you still advise a visit to the attorney?

Not sure how it would affect taxes as we are retired but I will sure ask about it!

Thank you for taking the time to share your knowledge

I sincerely appreciate your help!!!

Wills distribute your estate and are a form of estate planning. I'd just get an appointment with your estates attorney (the person who does your wills, etc) and have them reviewed in light of a felony conviction. I'd do it when my kids reach their majority, when they start having kids, when you move from one state to another, when somebody retires, when there may be an incompetency issue long term, when you decide to downsize into another home, when you have another kid (hey, it can happen, even without adoption), when you get a professional license or start your own business (guarantee they'll recommend talking about a LLC or an S Type corp. or some sort of business formation that protects you), or anything where you're celebrating or mourning something in your life. Every 5 years or with every major life event, according to the estates awyer who used to be in the practice where I used to work.