Living the College Life: What Should I do If I'm Arrested or Otherwise Confronted by the Police?

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College students and cops sometimes mix about as well as beer and milk. The students are at a peak point in their lives where they're questioning authority. They tend to drink more than they should, with many using fake IDs to procure their spirits. And in many college towns, students are responsible for more than their share of calls to the police, ranging from noise complaints to vandalism, and from fights to sexual assault.

Despite the carefree atmosphere that prevails among many college students, they are not immune to the kinds of mistakes that can land them in legal trouble. Otherwise "good" students might go too far with a fraternity stunt and end up facing misdemeanor hazing charges. Someone else may be arrested after being caught with a forged driver's license. Another may face prison time because a fist fight resulted in serious injuries to the other party, as well as an assault charge.

While students may get into trouble for any number of reasons, alcohol is likely to be a factor, according to attorney Gary Sommer, who has provided counsel to hundreds of Syracuse University students in his years as director of its Student Legal Services. Many colleges provide free or low-cost legal services for students who need them.

"Fifty percent of everything we deal with is alcohol-related," he says, referring to incidents involving fake ID, underage drinking, fights, DWI, and even noisy parties that get out of hand. When it comes to DWI cases and fights, the potential penalties can be sky high because of the possibility of grave injury.

Fights almost always involve male students, and can usually be attributed to a potent combination of alcohol and testosterone. "You don't see women getting into fights too often," he points out.

One student he represented was involved in a fight, and hit the other guy over the head with a beer bottle. A total of 78 stitches were needed to close the wound, and his client faced felony assault charges.

In the vast majority of cases where there are no aggravating factors, Sommer says, students don't get the book thrown at them for first offenses. A typical scenario might include an ACD"an adjournment in contemplation of dismissal. A student might be required to do some community service, and then, if he stays out of trouble for a set period of time, the case is dropped.

But woe to those who slip up during that time"the old case will be revisited and stiffer penalties applied in addition to the sanctions arising from the second case.

For varying reasons, many students hesitate to tell their parents when they run into legal trouble. They're probably ashamed, on one level, and don't want to let them down. In other cases, they worry that their folks will come down hard on them"specifically by removing some financial support or a luxury such as the
campus car.

What to Do If Confronted by Police

Regardless of your role in a troubling situation, you would be wise to follow some basic advice if confronted by police. Here are some tips from Gary Sommer, director of student legal services at Syracuse University: