Legal Blog

What to Do When Your College Student is Arrested: A Parent’s Guide

09 October 2024 | Criminal Defense,  

Attorney Sean Hessler

Written by
Sean Hessler

Posted
09 October 2024

Categories
Criminal Defense,  

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Finding out that your college-aged child has been arrested can be an overwhelming experience. It can raise concerns about their future, education, and overall well-being. In these situations, staying calm, gathering information, and taking the right steps to protect their rights is important. Working with a criminal defense attorney who understands Indiana law can significantly affect how your child’s case is handled and its outcome.

This guide will provide a step-by-step approach to navigating the situation, helping you support your child while ensuring their legal rights are safeguarded.

Stay Calm and Get the Facts

The first thing to remember when your child is arrested is to remain calm. This is an emotional time but making informed decisions rather than reacting impulsively is essential. Once you learn of the arrest, focus on gathering accurate information:

  • What was the charge?
  • Where are they being held?
  • What are the next legal steps?

The police may provide basic details about the arrest but remember that they may not disclose everything. You will likely need to work with an attorney to understand the charges and the legal process ahead fully.

Understanding Common Charges Against College Students

College students are often arrested for offenses that might seem minor at first glance but can carry long-term legal and academic consequences. Even a seemingly minor infraction could impact their academic standing, future career opportunities, and ability to secure housing or loans. Some of the most common charges college students face include:

Underage Drinking

College parties and social events often involve alcohol, but consuming or possessing alcohol under the legal drinking age of 21 is illegal in Indiana. Being caught drinking underage can result in fines, mandatory alcohol education programs, probation, and even suspension of their driver’s license. Multiple offenses could escalate the penalties.

Drug Possession

Many students are arrested for possessing controlled substances like LSD, prescription drugs without a valid prescription, or other illicit drugs. Depending on the quantity and type of drug, students could face misdemeanor or felony charges, which can result in fines, jail time, and a permanent criminal record that may limit future employment opportunities.

Assault or Disorderly Conduct

Altercations that occur on campus or at social events can quickly escalate. A simple fight can lead to assault charges, especially if anyone is injured or property is damaged. Disorderly conduct, which covers disruptive or violent behavior, is another charge students might face. Both offenses can carry severe penalties, including fines, community service, or jail time.

Driving Under the Influence (DUI)

Students caught driving under the influence of alcohol or drugs face severe penalties. These can include hefty fines, suspension of their driver’s license, mandatory substance abuse counseling, and even jail time for repeat offenses. A DUI conviction can also affect a student’s ability to keep scholarships, participate in extracurricular activities, or remain in school.

Vandalism

Acts of vandalism, such as graffiti, destruction of property, or even pranks that go too far can result in criminal mischief charges. Although often viewed as minor, vandalism charges can lead to fines, restitution, probation, or even incarceration, depending on the severity of the damage caused.

Theft

Stealing or shoplifting from a store or another student can lead to serious legal issues. Theft charges can range from misdemeanors for low-value items to felonies for more valuable property. A conviction could result in jail time, community service, and a permanent mark on the student’s criminal record.

These charges can have long-term consequences, including damage to their academic record and future employment opportunities. Addressing them seriously and seeking legal counsel to mitigate the potential fallout is crucial.

Help Your Child Understand Their Rights

After an arrest, your child’s rights are crucial. It’s important that they know not to speak to the police without a lawyer present. Anything they say can be used against them in court. They should:

  • Request to speak to an attorney before answering questions.
  • Remain respectful but assert their right to remain silent.
  • Avoid giving consent for any searches without legal counsel.

Once an attorney is involved, they can ensure that no rights were violated during the arrest or while in custody.

Addressing College Disciplinary Actions

In addition to the legal consequences, an arrest can trigger disciplinary action from your child’s college or university. Colleges often have strict codes of conduct, and violations can lead to consequences like:

  • Suspension or expulsion
  • Loss of scholarships or financial aid
  • Disqualification from on-campus housing or extracurricular activities

Understanding the school’s disciplinary process is critical. An attorney experienced with representing students can advocate for your child in front of disciplinary boards, presenting evidence and arguments that could help minimize school sanctions.

What Parents Can Do to Support Their Child

Supporting your child emotionally and legally during this time is vital. Here are a few ways you can help:

  • Provide Emotional Support: Reassure them that mistakes happen and that this does not define their future. Encourage them to stay focused on school and legal matters.
  • Ensure Your Child Stays Involved in the Legal Process: Attend court hearings, communicate with your child’s attorney, and ask questions to stay informed.
  • Explore Legal Options: Depending on the charge, your child’s attorney might be able to seek a diversion program, expungement, or other alternatives that can keep a criminal record from affecting your child’s future.

How a Criminal Defense Lawyer Can Help Protect Your Child’s Future

The stakes are high when your child is arrested, but with the right legal representation, it is possible to minimize the impact on their academic and professional future. A criminal defense lawyer can:

  • Examine any potential violations of your child’s Fourth Amendment rights (protection against unlawful searches and seizures).
  • File motions to suppress evidence or dismiss charges if the arresting officers violated proper legal procedures.
  • Negotiate with the prosecution for reduced penalties, probation, or alternative sentencing that can allow your child to continue their education uninterrupted.

Working closely with an attorney experienced in defending college students can give your family peace of mind while navigating this difficult situation.

Protect Your Child’s Future, Contact Hessler Law PC Today

If your college student has been arrested in Indiana, you need an experienced criminal defense lawyer who understands how to protect their rights and future. Hessler Law, PC has helped many families like yours through challenging times. Attorney Sean Hessler is well-versed in handling cases involving college students and knows how to fight for the best possible outcome.

We are here to help your child move forward with as little disruption as possible. Call (317) 886-8800 or use our online contact form to schedule a free consultation today.