Collateral Consequences of Criminal Charges | New York State
& Mission Statement
Collateral Consequences of criminal prosecutions are unseen and often devastating, bedeviling efforts at appropriate sentencing and competent counseling. Unlike the explicitly articulated direct consequences of criminal convictions, such as prison terms, parole eligibility, or fines, collateral consequences lay largely hidden and unspoken.
Yet in Padilla v. Kentucky, the U.S. Supreme Court determined that the Sixth Amendment guarantee of effective assistance of counsel affirmatively requires attorneys to educate themselves and their clients on collateral consequences. This site has been created to combat the insufficient level of resources available to inform counsel and judges on the many areas in which a criminal conviction can impact a defendant.
Collateral consequences are in large part difficult to address because they exploit the specialization that has become a hallmark of our profession. These consequences occur across a staggering array of substantive legal fields, confounding the ability of criminal jurists, practitioners and the public they serve to appreciate fully all relevant repercussions. Further, while many collateral consequences attach as a result of a felony conviction in New York, a surprising variety take hold following far less serious entanglements with the criminal justice system. Misdemeanor convictions or even mere arrest can result in far-reaching ramifications.
Here you will find high-quality content managed by experts in the major areas of New York law where collateral consequences occur. See the Judges' Chambers Subject Area for the most recent court decisions , law review articles, and other publications clarifying judicial and defense counsel obligations in the wake of Padilla. By sharing information and expertise, we seek to educate ourselves and facilitate the making of fully informed choices. Though this site, you can learn and share information that can lead to more just results.
We also invite you to explore our sister site, a collateral consequences calculator for New York state, which catalogues many of the potential collateral consequences of crimes occurring in the state according to the title of the criminal offense. Please visit the Collateral Consequences Calculator to use the tool. See the following tutorial for more information.