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NYC Campus Drugs and Alcohol Offense Lawyer

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If you are facing allegations in relation to drugs or alcohol on campus, you may be unsure about what steps to take next. Drug and alcohol offenses can have serious consequences, impacting students’ academic future, financial aid, and even career prospects. The zero-tolerance policies used in many universities, plus New York’s strict laws, make hiring a student defense attorney necessary to protect your college student’s future. Contact us today for a free consultation. 

How Alcohol and Drug Allegations Are Handled by Universities and Courts

Administrative Hearings

When a student is accused of a drug or alcohol offense on campus, the first step is usually a review by the university’s disciplinary committee. This internal process is focused on violations of the school’s code of conduct.  

We use our familiarity with educational institution protocols and state legal requirements to build a defense and advise students in these hearings. Our approach is designed to protect your academic record to get the best possible outcome for your future education and career opportunities.

Administrative Penalties

University policies determine different disciplinary actions depending on the outcome of the disciplinary committee’s investigations. This is why it’s so essential to hire a drug and alcohol offense lawyer familiar with each NYC campus. Here are the common penalties we see in these cases:

  • Educational Sanctions: These can be mandatory drug and alcohol education programs or more intensive substance abuse counseling. These sanctions are usually for first-time or minor offenses.
  • Probation: A period during which any further violation could result in more severe penalties. Probation may also include restrictions on participating in extracurricular activities or holding student leadership positions.
  • Suspension: Temporary removal from the university for a semester or more. Suspension can delay graduation and your academic advancement and negatively impact any financial aid eligibility.
  • Expulsion: The most drastic administrative penalty is permanent removal from the university. Expulsion is typically for serious offenses and affects a student’s educational path and career. 

Criminal Charges

A school internal investigation can involve collaboration with local law enforcement, which may also lead to legal repercussions for the student involved.

When an offense breaks state laws, students may face criminal charges in the court system. These proceedings start with an arrest and can escalate to an arraignment and possibly trial. A criminal conviction can involve fines, jail time, probation, and reduced employability.

Dealing with university administration and criminal processes simultaneously requires a coordinated defense strategy that addresses both fronts, as it can lead to criminal charges and the involvement of school administrations in prosecuting drug offenses.

At The Law Offices of Mehdi Essmidi, we guide students and their families through every step of drug and alcohol charges. Our role is to provide a strong defense in court to reduce charges where possible and minimize the negative impact.

Common Alcohol and Drug-Related Allegations on Campus

In New York City, college and university campuses face many drug and alcohol-related issues that can impact a student’s academic and professional life. Here are some allegations we can help with:

Possession Offenses: Possession of controlled substances on campus is one of the most common issues we see. This can be possession of small amounts of marijuana to prescription medication without a prescription to more serious illegal drugs. Each has requires different approaches in university proceedings.

Underage Drinking: Underage drinking is another common charge on college campuses. The implications often involve disciplinary action, community service, and notices on student records. 

Distribution and Intent to Sell: Allegations of drug distribution or the intent to sell require a strong defense strategy. They can result in severe academic sanctions and even legal penalties, making it essential to have legal representation helping your case. 

DWI: Driving under the influence of drugs or alcohol is treated with zero tolerance on campuses and in the city. Under New York law, drivers under the age of 21 can face aggravated DWI charges in cases when their BAC levels are above .02%. Penalties for DWI can include the loss of driving privileges, fines, not to mention university sanctions. 

Why Hire Criminal Offense Lawyers

The Law Offices of Mehdi Essmidi works with students and parents from the moment of the initial allegation. We advise on how to deal with university disciplinary committees to minimize the penalties where possible. Our strategies often include:

Reviewing the Allegation: We review the case to identify any errors or rights violations that took place during internal investigations.

Preparing for Hearings: Our team prepares students to present their side clearly and respectfully before administrators, which can impact the committee’s perception and ultimate decision.

Negotiating Lesser Penalties: Whenever possible, we negotiate with the university to get lesser penalties that will not impact the student’s academic record and future.

Steps to Take After an Allegation

When a student is accused of a drug or alcohol offense on a New York City campus, their steps following the allegation can make all the difference.  

Call an Attorney: Before speaking to university officials or law enforcement, you need to call a student defense attorney. They can help you understand your rights and how to handle the initial interactions with authorities.  

Don’t Make Public Statements: Students should not discuss the case with friends or on social media. Public statements can be used against them in both the university’s disciplinary process and in criminal court.

Prepare for Disciplinary Hearings: Understanding the university’s disciplinary process is critical. We help our clients prepare their testimony, gather evidence, and strategize how to approach these hearings to ensure a fair process.

Contact Us for a Free Consultation

When students on campus get in trouble for drugs or alcohol in New York City, there’s a long process ahead. Our student defense lawyers offer strategic guidance to protect your academic and professional opportunities. If your case involves legal penalties, we also stand ready to represent you in court with an aggressive defense. Contact us to set up a consultation. 

Frequently Asked Questions

What are the college penalties for underage drinking in NYC?

Colleges and universities in NYC enforce their own disciplinary measures for underage drinking, which may include:

  • Disciplinary Probation 
  • Mandatory Counseling or Education Program 
  • Suspension or Expulsion 

What happens if a student gets caught with weed on campus?

While weed is legal in NYC for those 21+, campuses still see it as a drug violation. Getting caught with weed on campus can get you in trouble with the school and the legal system if it’s over the limit or involves minors.

Can my child lose student housing for a drug or alcohol offense?

Yes. Many universities have a “zero tolerance” policy around drug and alcohol offenses, especially in student housing. A confirmed offense can get them banned from student housing.

Will a drug or alcohol conviction show up on a minor record?

A conviction always appears on the criminal record and is visible in background checks. However, some minor or first-time offenses may be sealed or expunged in certain circumstances.

What are students’ rights in a campus disciplinary hearing?

Students have the right to a fair hearing, to present evidence, and to call witnesses. In many cases, students can have an attorney or advisor present during the hearing. The process may vary depending on your school’s disciplinary procedures.

How does the new NYC marijuana legalization law affect campus rules?

Even though recreational weed is legal for adults 21+ in NYC, campuses ban it. Violating those rules can still get students in trouble, even if they are in compliance with NYC law.

Can drug and alcohol offenses affect a student’s visa or immigration status?

Non-citizens can face immigration consequences for drug and alcohol offenses, even facing visa denials or deportation in some cases. Consult an attorney if this applies to your family.