What You Can Lose with a Felony Conviction

The last thing anyone facing a felony charge thinks about is what long-term consequences he or she might face other than how much time could be spent in prison. It is human nature to deal with the immediate problem before you rather than concerning yourself with the after-effects until they’re suddenly a problem.

That’s why you hire a detail-oriented criminal defense attorney. It’s her job to think about all of the negatives that come with a felony conviction and try to prevent you from experiencing them. In the State of Texas, felons face a range of hardships as a result of their conviction and

Which right could be permanently revoked?

There are some rights that you may lose entirely once you’ve been convicted. Others may be restored in time or will be conditioned upon certain restrictions.

Right to possess firearms

Generally, convicted felons may not possess firearms for a period of five years after release from incarceration, and completing any parole and probation requirements. However, it is possible to have your constitutional right restored if you meet the requirements under the application process.

Keep in mind that until you successfully and fully restore your gun ownership rights, you cannot become employed in any field where carrying a firearm is a requirement of your job description.

Voting rights

During your prison sentence, your right to vote will be suspended. Once you are released, you are entitled to have your voting rights reinstated. There is a movement to reverse this loss of constitutional rights during incarceration, but for the time being, you won’t be entitled to exercise your civic duty.

Serving on a jury

You cannot serve on a jury in Texas if you have served time for a felony or any theft crime without taking the steps to have your rights restored. The same goes if you are on probation or deferred adjudication or are under indictment for a felony.

Public service

In Texas, convicted felons are not entitled to run for or hold public office. You can restore your right only upon receiving a full pardon from the governor. Other states allow those who have served time for felonies to be elected, such as Washington where Tarra Simmons was just elected to serve in the state’s legislature. Simmons served time on drug and theft charges back in 2011.

You won’t automatically lose everything after a felony conviction

The fact that you’ve been convicted might mean a loss of certain rights but not all of them. Once you’re released from prison, there are some benefits you won’t automatically be disqualified from:

Social Security Disability benefits or Social Security income

If you received these benefits prior to sentencing, they may be suspended while you serve your time but they may be reinstated upon your release. It’s not an automatic process, however. You still have to apply to have your benefits reinstated.

There are some instances where you won’t qualify such as:

• If you become disabled or your existing disability was made worse during your incarceration
• You become disabled or your disability was made worse during the commission of a felony
• You became a widow or orphan as a result of killing a spouse or parent

Child custody and visitation

While being incarcerated certainly doesn’t allow for having custody of your child, a felony conviction doesn’t automatically preclude you from obtaining custody or visitation once you’ve been released. It all hinges on what the court believes is in the best interest of your child. Again, there may be some instances where you won’t be able to obtain custody and visitation might come with tight strings, if at all, depending upon the crime for which you were convicted.

Crimes that will pose a problem in exercising your parental rights include:

• Child endangerment
• Child abuse
• Child-related sexual offenses
• Violent criminal offenses such as murder resulting from a hate crime

The bottom line is that if you are found guilty of a felony crime your life will be altered to some extent even after you’ve been released and have completed paying your debt to society. A savvy criminal defense attorney who has your best interest in mind remains one step ahead when preparing your defense because she knows what you stand to lose now and in the future.

The Killeen criminal defense attorneys at the Mary Beth Harrell Criminal Defense and DWI Lawyers are dedicated to earning you the best outcome for your case. To schedule a consultation in our Killeen or Copperas Cove office, call us today at 254-312-2523, or visit our contact page.