New experiences and potential legal issues
College is a wonderful and exciting time in a young person’s life. However, the fun of college must be balanced with an awareness that college partying can have legal consequences, like an arrest, that will outlast and overshadow the fun of just one night. As a college student, one must be aware of the potential legal issues that you will face in your dorm, on campus, bars, house parties; tailgates, and the college streets.
High education and high incidences of alcohol-related crime
According to the Tempe Police Department’s “safe and sober” campaign as reported by Phoenix New Times in 2013, last year 371 first-year ASU college students were arrested the weekend before classes started. The weekend after classes started, the task force that specializes in alcohol related crimes arrested 486 students. These numbers included both citations and formal arrests for various crimes, including Minors in Consumption or Possession of alcohol, DUI’s, and loud party and nuisance calls. These police actions however, are not limited to ASU. All students entering a stressful and tumultuous environment like their first year in college are at high risk for alcohol-related crimes, and this includes schools like Grand Canyon State University, University of Phoenix, Maricopa County Community Colleges and the Universal Technical Institute.
Minor in possession of alcohol and drugs
The most common charges for college students are for under-age drinking or minor in possession, possession of marijuana and/or drug paraphernalia, DUI, underage drinking and driving; use of a false ID, giving false information to a police officer; disorderly conduct; urinating in public and contributing to the delinquency of a minor. These charges typically fall into one of three classes of misdemeanors. The maximum penalty for a class one misdemeanor is a $2,500 fine, three years of probation, and six months in jail. The maximum penalty for a class two misdemeanor is a $750 fine, two years of probation, and four months in jail. For a class three misdemeanor, the maximum penalty is a $500 fine, one year of probation, and 30 days in jail. The collateral consequences of any one of these types of convictions far outweigh the statutory penalties however.
Common felony charges for students
Some of the more serious felony charges that a college student may face are resisting arrest, aggravated assault and even worse sex crimes for engaging in acts with underage minors. Most students may have the forethought that if they get drunk, they might get disorderly, fight and even resist arrest but most college students never think about the consequences of engaging in a sexual act with a seemingly consenting individual who is underage. However, if you are not checking identification, you may find yourself with a minor who has made their way into a college party. These acts with minors often find their way into the legal arena and result in lifetime consequences for the naïve college student. With felonies, not only are the collateral consequences severe but in some cases the statutory requirements for the offense are fatal to certain career fields.
What happens if a student is arrested?
If you are charged with one of these offenses, you will either be cited and released on your promise to appear in court or you will be arrested and taken before a judge. If you receive a citation, the citation will contain the name of the charge, the statute under which you are charged, and the date, time, and location to appear in court. It is crucial that you either appear at this court date or retain an attorney to appear on your behalf. Your failure to appear will result in a warrant for your arrest. If you are taken to see a judge, the judge will set release conditions and give you a new court date. On some occasions, a judge will require that you post bond before being released.
Arraignments and pleadings and what a student needs to understand
The first court date is called an arraignment, at which you will appear before a judge to either plead guilty, not guilty, or no contest. Given the legal ramifications and the collateral consequences that you face with these types of charges, it is important for you to seek legal counsel before the arraignment date. Most law firms offer free consultations. While it is not always necessary for parents to become involved, it is important for you to keep open communication between you and your parents. For many of you, you are making one of the largest financial investments that you will ever make in your life. Thus, discussing your options with your parents and or an attorney is crucial. Parents should always provide channels for their college-aged children to communicate any potential legal issues. This will prevent college students from going to court and pleading guilty without fully understanding the consequences of their guilty plea. While an attorney may not always prevent you from getting a conviction, they often can reduce your exposure or negotiate a plea that will have far less consequences than those charged.
Diversion programs
In some situations, at the first court date, you may be offered a diversion program like TASC. This is a program that allows education classes and/or community service in exchange for a dismissal of the criminal charges. This is often a safe option because it will not tarnish your record with a criminal conviction. Again, it is still helpful for students to consult with an attorney before accepting diversion programs as these are often one-time options and will not be offered in the future should there be a next time.
Talk with an experienced attorney
Plan ahead before you partake in college partying; always have a designated driver; make sure you have someone that you can trust in case you are in a situation where police are called or where you might have consumed too much to drink; and know your rights. Know when your car; dorm or belongings can be searched; know when you must provide your name and/or identification; and always ask for an attorney before you make any statements against your interests. Do not do roadside field sobriety tests such as HGN, walk and turns; one leg stands, drug recognition evaluations or provide breath samples on an unapproved portable breath test instrument. Do call an attorney before providing a breath sample on an approved breath testing device; providing a urine sample or giving blood. If all else fails, and you are still confronted with criminal charges, always consult with an attorney to help you figure out your best options.
Castillo Law wishes everyone a fun, successful, and safe return to school.