A couple recently came into my office concerning some legal problems their 19-year-old son was having.  He is a sophomore at Cal Poly and has never previously had any problems with the law.  Unfortunately, he had been arrested outside a fraternity party and cited for public intoxication, minor in possession of alcohol, and open container.  They were concerned as to how these charges might affect their son’s otherwise “clean record,” his driving privileges, and/or his prospects for employment after he graduates from college.

 

Criminal charges involving the use of alcohol and/or drugs probably represent the single largest category of criminal offenses prosecuted against college students in our community. 

 

The three offenses in this instance are classified as “misdemeanors.”  These types of offenses are punishable by a fine, County Jail sentence, order to perform community service, or a combination of any of the above.  For an individual under the age of 21, even a first time conviction for public intoxication, minor in possession of alcohol or open container will, among other things, result in a DMV suspension of the defendant’s driving privilege for one year.  This could happen even if there is no car involved in the incident.

 

Because their son had been charged with multiple alcohol-related offenses, I advised that he should be represented by an experienced and skilled defense attorney with the knowledge to properly evaluate his case and the options available to him.  I urged that he should not plead “guilty” or “no contest” without first obtaining a professional evaluation of his case.  If he cannot afford an attorney, the court may appoint a public defender to represent him.

 

In many cases, an individual charged with a first offense for alcohol or drugs may be offered the opportunity to participate in a diversion program in lieu of criminal prosecution.  For example, in some alcohol-related offenses, youthful defendants with no other criminal record are placed into an informal program where the defendant agrees to attend a specified number of Alcoholics Anonymous meetings, perform a designated amount of community service, or attend alcohol/drug education seminars in lieu of prosecution on the charged offenses.  In cases where such diversion is granted (generally with the help of an attorney), criminal charges are dismissed upon proof to the court that the terms of diversion have been successfully completed by the defendant.  This type of resolution generally leaves the defendant with a clean criminal record.

Even in cases where an individual pleads guilty or is found guilty on a misdemeanor criminal charge, a knowledgeable attorney can frequently obtain an “expungement” of the conviction upon proof to the court that the defendant has completed all terms and conditions of the sentence or plea agreement and has committed no new offenses for at least one year.  The expungement procedures can make it possible to have the mistakes of youth erased from a student’s criminal record before he or she ventures forth into the workplace to seek the type of employment that might entail a criminal background check.