Collateral Consequences Guide

All across the United States, communities are destroyed by crime, but also by punishment. The lingering effects of a criminal conviction can have a multi-generational impact on an individual’s family and community. While collateral consequences affect all convicted defendants, regardless of whether they serve a prison sentence, Louisiana’s position as the state with the highest per capita rate of incarceration in the country makes us particularly vulnerable to community deterioration created by the collateral consequences of a criminal conviction.

The “collateral” ramifications, whether a client is found guilty or pleads guilty to a felony, may include: loss of voting rights; consequences to marriage and child custody; occupational licensure disqualification; housing eviction; short or long-term inability to procure needed medical or other federal benefits, including treatment opportunities; impact on residency status and pending petitions for citizenship; and myriad more. Certain convictions carry with them registration requirements. Other convictions may require forfeiture or reimbursement for the cost of prosecution and restitution.

Professional and ethical standards require that each client be advised that certain misdemeanors and felonies are enhanceable and that the current conviction could be used to increase punishment on any future crime. The Supreme Court of the United States has ruled that failure to adequately advise a client of the effect of a criminal conviction on his immigration status constitutes ineffective assistance of counsel. Padilla v. Kentucky (2021)

With this in mind, LJC has produced "Now and Later: The Short and Long-Term Consequences of a Louisiana Conviction" to assist public defenders and "Now and Later: The Short and Long-Term Consequences of a Louisiana Conviction: A Resource for Clients" (available in both English and Spanish) to raise client awareness of the collateral consequences of every conviction, either by plea bargain or jury conviction.

Now and Later: The Consequences of a Criminal Conviction in Louisiana (a guide for clients)

Presente y Futuro: Las Consecuencias Inmediatas y de Largo Plazo de una Condena Criminal en Louisiana (folleto de information para clientes)


Disclaimer: These guides are not a substitute for legal counsel.

This resource was made possible through a generous grant from the Louisiana Bar Foundation, and with support from the Louisiana Public Defender Board.