Guideline J: Criminal Conduct
Criminal conduct, whether a single serious offense or a pattern of lesser ones.
3,891
decided hearing cases
23%
granted
Specific issues and their outcomes
Criminal conduct (unspecified)
22% granted · 2,090DUI / DWI (criminal)
24% granted · 1,070Drug related criminal charge
19% granted · 810Assault / battery
23% granted · 583Fraud / deception criminal
13% granted · 522Theft / larceny
22% granted · 422Mitigations judges credited most
Rehabilitation evidence
239
No subsequent offenses
144
Acknowledgment & remorse
103
Passage of time
100
Credible explanation of omission
24
Counted only where the judge expressly credited the mitigation, not merely where it was claimed.
What the reference material says about criminal-conduct cases
- The guideline reaches credible evidence of criminal conduct even without a charge or conviction, and a pattern of minor offenses can matter as much as one serious one. In published cases, time elapsed without recurrence and completed obligations (probation, restitution) are the mitigations judges credit most. (SEAD-4; practitioner case reviews)
From our verified reference library: paraphrased from the named sources and reviewed before publication. Descriptive background, not legal advice about any case.
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Descriptive statistics from decided public DOHA cases. Not legal advice or a prediction. † marks samples under 20 cases.