Minor Situations That Become Major Legal Issues For Parents & Children

It can never happen to my child. That is what all of us parents believe. But all too often even the most innocent children face legal issues that can change the course of their lives.

Peer Pressure & Fear Lead To Possession Charges

He is barely 17: Never missed a school assignment and all work is high quality; strong commitment to education; excellent time management; excellent participation; creative; principled; caring; outgoing, passionate and dedicated; charismatic and charming; works hard and possesses excellent leadership skills. The accolades go on and on from teachers, coaches, employers and others. He was captain of his football team and has volunteered in the community for years. A parent couldn’t be more proud. He has never been in trouble one day in his life.

Then he is invited to a “get together” at a friend’s home. Then he is confronted in his car by police. Then he sits in jail waiting for his parents. Now he is facing multiple charges including DUI, possession of alcohol by a minor and possession of marijuana. He will lose his license, have issues at school and could end up with a criminal record. His parents must hire an attorney – fast.

What Happened?

He was afraid to offend his friends so he stayed at the house and did things he knew he should not be doing . Things he did not want to do. He was afraid his parents would be upset and disappointed so he didn’t call for help or a ride.

Take Action Today!

You must talk with your children. You must have Zero tolerance for use of alcohol and drugs. But if, God forbid, your child ends up at the wrong place and / or in the wrong situation, they must not be afraid to call for help. Prepare a plan to help your child leave a bad situation without fear.

Our office receives numerous calls from distressed parents who tell us that, the day before, they would have bet their home that this would never happen. Everyday a good teenager finds himself or herself in trouble. They are still good kids, but now they have to find a way to protect their future. Protect your child with :

  • Knowledge
  • A plan to avoid or leave a bad situation without incident
  • The understanding that your child can call you anytime for any reason
  • The understanding that your child should not talk to anyone without you being present.
  • The understanding that your child has the right (And Should Use The Right) to have an attorney present when being questioned.
  • Your child should never talk with anyone – police, school officials or anyone – without you and or an attorney.

COLLEGE STUDENTS & PARENTS BE SAFE STAY AWAY FROM TROUBLE PART TWO

Preventing Students from Becoming a Victim of Crime

  • Pay attention to advice given at orientation. Most, if not all schools will identify safety procedures in place.
  • Never be alone. Travel about campus, and off campus, with other trusted students/persons.
  • Students under 21 shouldn’t be drinking alcohol or taking drugs. Intoxication can make a student an easy target. It may also lead the student to make poor judgements that others will take quick advantage of.
  • Do NOT get into a car or accept a ride with anyone you do not know. Verify the identity of the driver for any commercial car service you call. Again, it is best to travel with others.
  • Let someone know where you are going and expect to return.
  • Don’t participate in any hazing ritual.
  • If you attend a party or function, leave the moment you notice dangerous or illegal behavior.
  • Never have sexual contact with anyone who is intoxicated or high. Never have sexual contact when you are intoxicated or high. NO means NO. YES can also mean NO when someone is under the influence of drugs or alcohol. Police and prosecutors will always take the position that a person under the influence is not capable of giving voluntary, informed consent.
  • Have a plan to avoid or leave a bad situation without incident.
  • Students – never be afraid to ask for help, especially from your parents.
  • Parents – let your child know it is all right to call, no matter what.

Yes – This Can Happen To Your Child

COLLEGE STUDENTS & PARENTS STAY AWAY FROM TROUBLE BE SAFE PART ONE

Avoid activities that will be considered criminal

A. Yes, this can happen to your child . Every day a child (young adult) who has never been in trouble finds themselves making a call they never wanted to make to their parents/guardian. Many are exemplary members their community.

B. Why? Students who go away to college face a new-found freedom. Most experience a lack of supervision for the first time. They are left in a new community with strangers from across the country/world, each member with their own unique customs and life’s experiences. Most college freshman have no experience at navigating their way through questionable situations/activities.

Peer pressure, the need to fit in, stress & anxiety, lack of experience and maturity can impact their judgment. There is a very thin line separating what students see as a silly college prank and what the law defines as a crime. What is legal or without criminal consequence in one State is criminal behavior in another.

C. Common Crimes – The following is a list of common charges college students face:

  • Drug Possession/Distribution
  • OUI (Under 21 – Zero Tolerance)
  • Underage Drinking
  • Possession of a Fake ID (Can be a felony)
  • Larceny
  • Vandalism
  • Shoplifting
  • Disorderly Conduct & Breach of Peach
  • Traffic Violations
  • Sexual Assault related charges (Sex Offender Registry Mandated)
  • Stalking & Harassment
  • Hazing

An arrest for even minor offenses can have devastating consequences.  College students are or will soon turn 18 years and be considered an adult.  They will not have the privacy and other protections offered juveniles. If convicted, the student will have a permanent criminal record and face disciplinary action by the school. Certain drug convictions can affect the ability to receive Federal Student Aid. All of this will impact the ability to continue in school and later find desirable employment.

D. What to Do If Arrested or Under Investigation

Immediately contact Bellenot & Boufford, LLC at 203-526-6119 or  Law@BBesq.com.

  • Don’t talk to the police or security personnel about the underlying facts that led to the arrest/investigation.
  • Don ’t talk to university officials.
  • Don ’t talk to your accuser or anyone involved with the alleged criminal conduct.
  • Don ’t talk to your roommate, other students or professors.
  • Don ’t talk to ANYONE! Other than your parents and attorney.

NOTE: DO NOT BE RUDE, ARGUMENTATIVE OR ADVERSARIAL . Simply explain that while you would like to cooperate , you must first consult with your parents and an attorney.

Criminal Charges from Breaking School Rules

Traditional Food Fight Leads To Arrest
Nothing Is Trivial To Many School Officials.

It’s Senior Day, and as tradition has it, there will be a food fight in the cafeteria. Unbeknownst to the students, the new principal will not tolerate this. So the teachers assigned to the cafeteria during lunch write down the names of all the students who throw hot dogs and potato puffs. The police are called and, one by one, the listed students are called to the office, questioned and arrested. The students lose time from school and the parents must take time off from work to appear in court. There will be more than one court appearance and the expense of hiring an attorney. Some students are prohibited from participating in band, sports and even the prom. At least one is not allowed to attend graduation.

You must be proactive and speak with your child about:

– How to avoid situations like this at school
– The severity of the consequences of breaking the school rules
– While being respectful and cooperative, your child should insist on calling you before speaking to anyone

The Snowball Effect With Severe Results

Mom and Dad are finally getting away for that long deserved weekend alone. They gave their 17, almost 18 year old son permission to have a couple of friends over. Sonny takes advantage of his parent’s generosity and does invite two friends. Teenagers being teenagers, friend Number 1 tells a couple of his friends, who tell their friends and word gets around.

Saturday night Sonny’s friend Number 2 arrives. A short while later, friend Number 1 arrives with one of his friends. Sonny is concerned, but lets the two in. Then more of Number 2’s friends arrive with others. Sonny knows they shouldn’t be there, but he gets talked into letting them stay. More like he is railroaded into letting them stay.

Someone brought beer and more. Someone starts smoking. Sonny is trying to keep things safe, but it gets out of control. Hours later the police arrive and the houseful of teenagers start to run in every direction. Some get away, some are caught and a few just give up.

Sonny is arrested for, among other things, possession of alcohol by a minor, delivering alcohol to minors and reckless endangerment. He sits in jail, because he couldn’t reach his parents. When his parents finally learn of the arrest, they are met with more bad news. One minor who left the home after drinking was in an accident that caused the death of one teenager and serious physical injuries to two others.

An 18 year old teenager also faces a long jail term for statutory rape, because the mother of a 15 year old girl presses charges. The 15 year old admits the relationship was consensual and that she told the boy that she was 18, but that doesn’t matter.

I have represented many teens and they just never had a clue as to the consequences of their actions and how fast things can get out of control. Most have never been warned by their parents or teachers. Please let your children know they will face severe consequences and help them develop a strategy to get away from trouble.