Guideline J: Criminal Conduct
Decided hearing cases
3,909
Grant rate
23%
882 granted · 3,027 denied
Specific issues and their outcomes
Criminal conduct (unspecified)
22% granted · 466 granted · 1,635 denied
DUI / DWI (criminal)
24% granted · 256 granted · 818 denied
Drug related criminal charge
19% granted · 152 granted · 660 denied
Assault / battery
22% granted · 132 granted · 455 denied
Fraud / deception criminal
13% granted · 67 granted · 457 denied
Theft / larceny
22% granted · 91 granted · 332 denied
Mitigations judges credited most
- Rehabilitation evidence239
- No subsequent offenses144
- Acknowledgment & remorse103
- Passage of time100
- Credible explanation of omission24
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.
How the process worksA contested case follows a published sequence. Open this for the short version, or put a question to Ask Mode on the home page. Accounts are free and include up to 25 questions per day.
A contested case follows a published path: a Statement of Reasons, the government's written list of its concerns (an SOR), a written answer, a hearing or a decision on the written record, the judge's decision, and in some cases an appeal.
Read the stages of a DOHA case · Ask a question about the process
Where to go from here
Get help with my case
Send us your question, or the Statement of Reasons you received. No charge, and a CASE analyst reads it. Usually five to ten business days.
Ask a question →I do this for clients
Rank every decision by how closely it matches a matter, see how the assigned judge has ruled, and keep it together with cited exports.
For attorneys and firms →Descriptive statistics from decided public DOHA cases. Not legal advice or a prediction. † marks samples under 20 cases.