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On Behalf of | Jan 9, 2023

Keeping a job during a criminal trial

On Behalf of | Jan 9, 2023 | Criminal Law

A criminal arrest and the resulting procedure are major, life-changing events. However, time does not stand still.

People still need to make money. They still need to provide for themselves or their families.

What happens during an arrest?

A criminal arrest could stop someone from going to work temporarily. This might cause problems with an employer. However, depending on the charges and the details of the case, basic civil rights often allow people to avoid extended holding in jail.

Upon release, someone could be subject to any agreements they made with their employers as to how they should proceed. For example, an employee handbook or contract might require employees to report arrests promptly.

How do people keep their jobs during trial?

Many states let employers fire employees whenever they want. Pennsylvania is one example of this at-will system.

In the absence of a law or contractual term that guarantees a person’s job, it often comes down to a business decision. There are many factors that go into these decisions.

For example, some people keep their jobs due to the opinions or dispositions of their employers. Others might work with their defense attorneys to explain some key points, such as the strength of their cases, the value of keeping them at work and the fact that an arrest is not proof that someone committed a crime.

What happens if there is a guilty plea or conviction?

It surprises many to learn that a criminal conviction might not carry the same consequences for employment as they thought. In fact, people can even sometimes become employees of the federal government and, by extension, representatives of the country — without a spotless record.

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