How Can A Criminal Conviction Affect Your Rights?

  •   None

How are your rights affected if you’ve been convicted or a criminal offense? In the following article we discuss some of the ways that a conviction can affect you. Being convicted of a criminal charge can mean many legal restrictions on your rights. To ensure that these legal restrictions don’t become violations of the rights you legally retain make sure you hire an experienced lawyer to help you through the entire process of your arrest and conviction, even when your sentence should be complete.

Alcohol Permits
According to a report issued by Georgia State University, “Hospitality is one of the top-tier industries in Georgia, and Atlanta continues to grow as a hospitality hub.” However, a criminal conviction could keep you from being able to own or operate an establishment that requires an alcohol permit. In order to get a permit Georgians, have to follow their individual county ordinances. In the city of Atlanta that means going to the Atlanta Police department and beginning a complicated five step process that includes a look into not only the applicant’s criminal history, but also the criminal history of the applicant’s spouse. The application process requires the applicant to have been conviction free for 10 years. Whether or not the former conviction is related to the use of the permit is up to the discretion of the permit review board. That means a lawyer can help you plead your case.

Voting Rights
In Georgia the right to vote is denied to anyone convicted of a felony that involves moral turpitude. However, the right to vote isn’t reinstated until the entire sentence is served, including probation and restitution. A problem arises because Georgia has not specifically defined what a felony of moral turpitude involves. Moral turpitude usually involves a crime of malicious intent. Malicious intent and the felony requirement would automatically exclude a DUI, however the law isn’t clear as to whether that would also include other crimes. Yet the Secretary of State has maintained that all felonies are crimes of moral turpitude.

Employment Rights
Employment in Georgia can also be affected by a criminal record. However, employers are not allowed to simply discriminate against someone that has been incarcerated. It is always best to be honest on an application, if an employer denies you a job because you were honest about your criminal record they may be required by law to provide you with a reason.

Driver’s License
In Georgia, certain crimes will result in mandatory suspension of your Driver’s License:
Vehicular homicide
Commission of a felony in which a motor vehicle is used
Fleeing or attempting to elude an officer using a motor vehicle
Fictitious use of or fraudulent application for a license
Leaving the scene of an accident or hit and run
Illegal racing
Operating a motor vehicle with a revoked, canceled, or suspended registration
Felony forgery relating to an identification document

Suspension can also be ordered for:
Refusing a chemical test for a DUI
Driving without insurance conviction
Driving on a suspended license
Failure to respond to a traffic citation or to appear in court
Any violation of the Georgia Control Substance Act
An accumulation of 15 points within 24 months—including convictions for out of state violations
A Georgia DUI conviction

If you or someone you know needs their rights reinstated after they have served their time do not hesitate to call Bixon Law at 404-551-5684 for experienced counsel.


Be the first to write a comment.


Your feedback