Conviction Consequences - Civil Liability

Legal Considerations

If a client signs a confession of judgment as part of the plea, then it is as if the complaining witness won a civil court judgment against him. The beneficiary of the confession of judgment can use all of the tools of judgment enforcement against him-garnishment, attachment, seizing bank accounts, liens.

Collateral Estoppel

A criminal conviction or plea may have preclusive effect in a subsequent civil proceeding and may establish monetary liability for a client (inapplicable for violations). Statements made during criminal proceedings or plea allocutions can be used against a client in civil or administrative proceedings as admissions or prior inconsistent statements. Insurance companies may use convictions, pleas, evidence, or admissions to assert and exclusion from insurance coverage.

Bankruptcy

Criminal fines and criminal orders of restitution are non-dischargeable in bankruptcy Child support arrears, even those while incarcerated, are non-dischargeable both in chapter 7 & 13. Debts for causing death or personal injury while driving under the influence of alcohol or drugs are non-dischargeable.