Do We Need So Many Collateral Consequences for Nonviolent Drug Offenders? [Infographic]

Federal laws and regulations can impose collateral consequences on individuals convicted of nonviolent drug offenses. Collateral consequences impact the rights and entitlements of individuals with criminal convictions.

(Article continues below Infographic)

Illustration if we need so many collateral consequences for nonviolent drug offenders

Table of Contents

What are Collateral Consequences?

Collateral consequences are civil restrictions imposed by federal laws and regulations. In a recent report from the Government Accountability Office (GAO), nonviolent drug offenders are subject to over 600 collateral consequences if convicted of a drug offense. These civil restrictions have an impact on the rights and entitlements of all individuals with criminal convictions. The GAO report revealed that close to 641 civil restrictions and rules can apply to nonviolent drug offenses that do not involve any attempted, threatened or actual use of physical force.

Collateral consequences for nonviolent drug offenses can impact many areas of a person’s life. Civil restrictions impact a person’s housing and employment opportunities, as well as constitutional rights to vote and carry firearms. A drug attorney often sees collateral consequences that restrict a person’s life to the point that they are encouraged to return to a life of crime. Because of imposed collateral consequences, many nonviolent drug offenders have difficulty resuming personal and professional activities and leading a normal lifestyle. Of the 641 federal collateral consequences for nonviolent drug offenders, 497 may impose restrictions for life. Only 131 restrictions allow individuals to earn relief by completing rehabilitation. For offenders convicted of criminal offenses at both federal and state levels, 60 to 70% of collateral consequences restrict employment opportunities as a way to protect public safety.

According to the Bureau of Justice statistics, the most frequently identified nonviolent crimes involve drug possession, drug trafficking, burglary, and larceny. Statistics show the following:

  • Three out of four inmates released from state prisons have been convicted of nonviolent crimes.
  • Drug offenses and property offenses account for approximately one-third of the crimes.
  • Drug trafficking is the single largest offense of nonviolent offenders released from prisons.
  • Within three years of release, 7 in 10 nonviolent offenders are rearrested for a new crime.
  • Among nonviolent offenders released from prisons, one in five is rearrested for committing a violent crime within three years.

In Minnesota, drug crimes cover a broad range of offenses that can violate federal and state laws. Nonviolent offenses such as drug manufacturing and distribution, drug sales and trafficking, and drug possession are often charged as misdemeanors, but felony charges may apply depending on the type and amount of drugs and the circumstances of the crime.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.