Although some criminal defendants think that they can beat the system on their own, having an experienced criminal defense attorney on your side gives you a better chance of preserving your legal rights. If you have been charged with a crime, contact a criminal defense attorney as soon as possible.
Important Information about Your Rights in a Criminal Prosecution
Provided by the Lawyers at McMahon & Coseo, P.C.
If you have been charged with a crime or are merely under investigation, you may have unanswered questions about the law, the process or your rights in a criminal proceeding. This page is designed to provide basic information about criminal matters, so that you are better informed when you hire an attorney to protect your constitutional rights.
At the law offices of McMahon & Coseo, P.C., in Saratoga Springs and Corinth, we bring over 120 years of legal experience to criminal defendants throughout upstate New York. We are known by former clients and our peers for our immediate attention to your legal issues, as well as the detailed investigation and careful preparation that goes into every case we handle.
To learn more, see our criminal defense page. For a free initial consultation, contact our office or call us at 518-633-1819 (toll-free at 888-323-2401).
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Experienced criminal defense attorneys at a fair fee. Contact McMahon & Coseo, P.C., in Saratoga Springs and Corinth, to set up a free initial consultation. We handle all misdemeanors and felonies, from juvenile crimes to homicide. We are all experienced trial lawyers and will aggressively protect your interests in court, if necessary.
For strong and skilled representation in a criminal matter, contact the lawyers at McMahon & Coseo, P.C., in Saratoga Springs or Corinth, New York. We handle all types of felonies and misdemeanors, including drunk driving, drug crimes, sex offenses and homicide. We are known throughout upstate New York for our willingness to immediately direct our full attention to your case.
Finding a Job After a Criminal Conviction
If you have been convicted of a crime, you may wonder if you will be able to find employment. Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who subsequently caused harm to others while on the job. Another concern for employers relates to whether they will have to disclose the criminal conviction. For example, if a company is trying to raise capital, it may need to make certain disclosures to a bank. Will the company have to disclose that an employee has a criminal conviction for embezzlement or money laundering?
The laws about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal vary widely from state to state. If you have a criminal record and are looking for a job, it is in your best interest to consult with an attorney knowledgeable in criminal law, like an attorney at McMahon & Coseo, P.C. in Saratoga Springs, New York, so that you go into the job search fully informed of your rights.
Conflicting Public Policies
On the one hand, the public wants to reintegrate into society people with criminal histories, rehabilitated and gainfully employed. A routine schedule and regular income lessen the likelihood that a person will reoffend, but a person with a criminal record may face prejudice in the job application process. On the other hand, it is important to protect the public from contact with prior offenders who may have propensities to re-commit. For example, convicted sex offenders should not work with children or vulnerable adults.
How Much to Reveal
Depending on the state, an applicant may not have to reveal any or some types of potentially damaging information, such as arrests not resulting in convictions or convictions for minor matters. Some states have procedures to judicially “erase” a criminal record. A criminal defense attorney can help determine whether you may be eligible to get a conviction sealed, expunged or otherwise legally minimized.
Tips for Workplace Re-entry
- Be honest. Employers are interested in employees they can trust, and almost all information on a job application can be checked and verified. Even if it may close the door to certain positions, telling the truth is the best way to get a job that the applicant can keep over the long haul. Remember, in some states not all convictions must be revealed nor can potential employers ask for certain information.
- Start the job search with family, friends and acquaintances that may be more likely to take a chance on hiring someone they know, despite a criminal record.
- Do not expect the first job after a conviction to be your ideal job. It is more important to get started somewhere and create a track record, since employers know that a good indicator of future job performance is past job performance. Consider temporary or entry-level positions to build your résumé.
- Understand where the employer is coming from. It has to balance its legal and ethical obligations to you, to its employees and to the public.
- Investigate employment services. Most states have public agencies that administer programs to help people find employment, sometimes specifically designed for those with criminal histories.
- Refrain from alcohol and drug use. Some employers require employee drug testing.
- Consider the nature of your past offense. Apply for jobs where that kind of offense is less likely to be an issue of concern.
Conclusion
Completing a prison term or paying a fine can be just part of the price of a criminal conviction. The conviction can also affect post-conviction employment opportunities, but some employers are willing to give those with criminal records chances in appropriate circumstances. One job - any job - can be the first step toward rebuilding a career and a life. A lawyer at McMahon & Coseo, P.C. in Saratoga Springs, New York, can talk about various options and offer advice on planning for the future.
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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.