In the 2009 case Padilla v. Kentucky, the United States Supreme Court ruled on an interesting aspect of criminal law. The petitioner had been a lawful permanent resident in the United States for over 40 years, but faced deportation after he pled guilty to drug-related charges under the advice of his attorney. Mr. Padilla argued that his Sixth Amendment right to effective assistance of counsel was violated, and that he would never had pleaded guilty to the drug charges had he known that he would have faced deportation from the country. The Kentucky Supreme Court disagreed with Mr. Padilla, stating that deportation was a “collateral consequence” of conviction, and therefore not protected under the Sixth Amendment.
The United States Supreme Court reversed the Kentucky Supreme Court’s decision. In short, the Court found that Mr. Padilla had been represented by deficient counsel because counsel did not inform him that pleading guilty to the charges would put him at risk for deportation, which was an issue intimately linked to the penalty of the criminal conviction.
Collateral consequences are just as relevant in criminal cases today as they were in 2009, and are especially critical for those charged with violating criminal laws, and their criminal defense attorneys, to consider when determining criminal defense strategy. A case out of Waltham this month demonstrates how collateral consequences can creep up in any case, and how they can sometimes be worse than the criminal penalties mandated by statute or a judge.
This summer, in July, Thomas LaCroix, former police chief of Waltham, Massachusetts, resigned from his post following his conviction on domestic violence charges. Wickedlocal.com reports that Mayor Jeannette McCarthy removed him from his position following his sentencing on the charges. The incident that gave rise to Mr. LaCroix’s charges, and the collateral consequence of losing his job, occurred last June. Mr. LaCroix was charged with three counts of assault and battery, as well as assault with a dangerous weapon and two counts of threatening to commit a crime in relation to a domestic dispute that he had with his wife, Andrea LaCroix. The Jury found Mr. LaCroix guilty on two of the charges, lowering assault and battery with a dangerous weapon to plain assault and battery, and one other account of assault and battery. Mr. LaCroix was sentenced to 18 months of probation.
The collateral consequences—that is, the indirect and often unforeseen impacts of the conviction—for Mr. LaCroix may be even worse than the 18 months probation, however. The report noted that in addition to being fired from his position as police chief of Waltham, Mr. LaCroix will not be permitted to carry any firearm and cannot have any contact with any of the witnesses who testified against him. The consequences come after Mr. LaCroix was put on administrative leave without pay after the conviction, and with pay after arrest but before conviction.
Waltham is now seeking a new police chief, who will be selected by the mayor, and then confirmed by the City Council by a majority vote. The LaCroix case stands for the proposition that even misdemeanor crimes can have a devastating impact on a convict’s life, because the collateral consequences may be loss of job, dignity, respect, and the constitutional right to carry a firearm.
If you have been charged with violating criminal laws, you should immediately seek out the assistance of an experienced criminal defense attorney. Contact Edward R. Molari Attorney at Law today for a confidential consultation.