Anonymous
Post 04/16/2019 10:38     Subject: Anyone's college student been arrested for public intoxication?
OP, you have got to be from Virginia. Sent your kid to a Va college. And your comment re: the intelligence community seals it. A previous post said, "I think there is more to the story, otherwise everyone in college would have a similar charge" I've heard many such ridiculous stories in/around Va college campuses. It's a unique crazy
Anonymous
Post 04/16/2019 10:26     Subject: Anyone's college student been arrested for public intoxication?
Anonymous wrote:
Anonymous wrote:Seems odd, unless he was stumbling or neighbors complained about under age drinking, that they would approach a person who is not attempting to drive and give them a breathalyzer??


OP here; this is exactly what we thought. He wasn’t driving (doesn’t even have a car at school) and was simply leaving the house. While we fully accept the fact that he had been drinking, he was not disorderly or bothering anyone. And he wasn’t even in “public” until he stepped out of the house. Seems like a warning would have been a lot more appropriate.


You said he was charged with "possession of alcohol" Was he carrying a can of beer? Bc that might have prompted the cop to engage with him.
Anonymous
Post 04/16/2019 10:09     Subject: Anyone's college student been arrested for public intoxication?
Warning: Relative got in huge..HUGE trouble in PA. There is a lot of prosecutor discretion. Either follow up with prosecutor or hire an attorney if you can not access the information. Sometimes they want to make an example of someone. This cost relative years of stress and almost $100,000. Basically, just resisting arrest because relative was drunk.
Anonymous
Post 04/16/2019 09:47     Subject: Re:Anyone's college student been arrested for public intoxication?
Call a lawyer and get it taken care of.

We had a similar situation and tried to take care of it on our own. It is doable, but I think the lawyer would have most likely cleaned it up faster.

I wouldn't freak out. Kids in college drink, he just got caught. Would have DS take some responsibility for the cost of the lawyer.
Anonymous
Post 04/16/2019 08:45     Subject: Re:Anyone's college student been arrested for public intoxication?
Anonymous wrote:
Anonymous wrote:Cops wife here.

I get multiple calls from family about this and underage drinking.

Don’t freak out. It’s not a big deal.

You can check with a lawyer but they will tell you to go to counseling so you can show the court you are serious about this not happening again.

Not much will come of it either way.


I hope you’re right, but if the charges aren’t dismissed, this will be on his record forever.


Not really. He could do drug and alcohol counseling and then ask for them to be expunged.

Also, nobody... literally nobody cares if a kid got drunk in college. I hire IT specialist with security clearances... I only deny an application if they lie about it.
Anonymous
Post 04/16/2019 08:33     Subject: Anyone's college student been arrested for public intoxication?
My child received an under age citation in the state of Virginia. Because I didn't live in the state, I secured an attorney and DH went to the hearing. As I recall, charges were dropped if/when my DS went to alcohol class. My DS also had to meet with Dean of Students. Humiliating and expensive for him because I made him pay us back from his summer earnings.

You might want to check out collegeconfidential under your child's college. Sometimes people post their experiences.
Anonymous
Post 04/16/2019 08:16     Subject: Re:Anyone's college student been arrested for public intoxication?
Police failure to read Miranda rights does not make an arrest illegal or null, it makes anything the suspect says inadmissible in the case against him.
Anonymous
Post 04/16/2019 08:11     Subject: Anyone's college student been arrested for public intoxication?
OP you keep speaking as if your son is blameless - t being disruptive, noisy.

You truly have no idea. I’m not saying he deserves hard time, but he was breaking the state’s drinking laws and may well have no clue how drunk and disorderly he was. Perhaps he was urinating in the bushes?

The point is it doesn’t matter. This is, hopefully, a teachable moment and he will get his partying under control. Or this could be what he’s been doing every weekend, the only way he and his friends know how to unwind, and this is just the first time he got caught. In which case I would be a bit grateful.
Anonymous
Post 04/16/2019 08:07     Subject: Anyone's college student been arrested for public intoxication?
Anonymous wrote:PP's advice is good. Even if it is taken off the record, IIRC, the forms for bar admission and clearance both ask for "arrests" so he'll still have to disclose which makes how he behaves after and onward a very important part of the picture.


I work in bar admissions and attorney ethics. This is unlikely to be an issue at all so long as it is disclosed in full and there is no evidence of an ongoing substance abuse issue. If there are multiple arrests then I probably would look for evidence that the issue has been addressed (ongoing treatment, AA, etc). He should understand that multiple arrests and/or a DUI will get a much harder look. And he should err on the side of disclosing this- don’t look for ways to withhold by trying to argue, for example, that the underage drinking is a “citation” not an “arrest or conviction” or some bs.

It would be helpful to make sure you keep every scrap of paper related to this and if you ask now how to get a copy of certified records related to the arrest/conviction in the future (what you will be able to get from the police, from the court, etc). It also will be helpful to ask at what time the records may be destroyed- for a minor arrest they likely will be within a few years and you don’t want to be stuck.

The police report is particularly helpful because it describes the conduct which led to the arrest. If your son in fact was not belligerent it will be good to have some support. I have seen instances where the applicant says he was just arrested out of the blue and the police report says, for example, he was throwing punches or verbally harassing someone or whatever. That can be a candor issue (the police report isn’t necessarily dispositive but it is going to raise questions) and generally is just a pain because then I have to go back and figure out if something else is going on. And I’ll likely generally take a harder look at whatever the applicant has given me. I will also look for evidence that he completed whatever the penalty was - a MADD or first time offender course, payment of all fines. In bar admissions at least the burden is on the applicant to affirmatively demonstrate fitness and good moral character. I imagine it’s the same for a security clearance. I know you’re more focused on the security clearance but that’s my approach.
Anonymous
Post 04/16/2019 08:03     Subject: Anyone's college student been arrested for public intoxication?
Anonymous wrote:
Anonymous wrote:Thanks, PPs. To answer some of the questions, he was not belligerent at all. He said he was completely stunned and very cooperative. The police kept him overnight and did not let him make a phone call - is that legal? They released him the next day after his blood/alcohol level was stable.

Sorry if I'm not using the correct terminology, I'm not in the legal field nor am I familiar with these charges. He texted me pictures of the ticket/summons, with the charges - public intoxication and possession of alcohol under age 21.

A PP mentioned security clearances and this is exactly what we're concerned about as he hopes to work with the intelligence community at some point.




Do something to show contrition -- e.g. alcohol and drug education. Getting drunk in college once will not hurt an intelligence or law enforcement career unless he LIES about it. The thing he needs to be aware of if he ever wants to hold a position with a security clearance is that they will speak to people who knew him back in college and ask about his habits, drug use, alcohol use.





Happened to me. It was totally fine. I am a fed now. Really not a big deal although I'm sure it feels like it now. Be nice to your child, a night in jail is traumatic regardless of why he was there. I just got screamed at and still resent the way my parents handled it.

What state/school was he at? I'm guessing the south

Anonymous
Post 04/16/2019 07:55     Subject: Re:Anyone's college student been arrested for public intoxication?
The prosecutor might drop the charges. There are several offenses that prosecutors refuse to prosecute even though the person was legitimately arrested. They are usually relatively minor offenses like breaking into a car and just sitting in it. Basically, they just spend the night in jail.
Anonymous
Post 04/16/2019 07:43     Subject: Anyone's college student been arrested for public intoxication?
Anonymous wrote:
Anonymous wrote:Seems odd, unless he was stumbling or neighbors complained about under age drinking, that they would approach a person who is not attempting to drive and give them a breathalyzer??


OP here; this is exactly what we thought. He wasn’t driving (doesn’t even have a car at school) and was simply leaving the house. While we fully accept the fact that he had been drinking, he was not disorderly or bothering anyone. And he wasn’t even in “public” until he stepped out of the house. Seems like a warning would have been a lot more appropriate.


In states where public intoxication is a crime, a police officer can arrest a person who is intoxicated and take the person to jail (or, sometimes, to a hospital or treatment center) until the person is no longer intoxicated. The police just have to allow a call in a reasonable time and they might have allowed the call but he did not use it or called someone else. Also the police have done this before. I am sure they have arrested college students at a house party before. So you should hire a lawyer to argue these things(ie no phone call, was he in a public area, etc). Public Intoxication is a misdemeanor and some states it is not criminal. What state did this occur?

https://en.m.wikipedia.org/wiki/Public_intoxication#State_public_intoxication_laws_today
Anonymous
Post 04/16/2019 07:34     Subject: Anyone's college student been arrested for public intoxication?
Anonymous wrote:Were other students arrested as well?

Why had the cops been called to the house party?

If he was still intoxicated until mid day the next day, he had had a lot to drink - his memory of what he did or didn't do the night before may be quite skewed by his level of intoxication.

Hopefully the charges are dismissed but you may not have the full story

Good point. There’s so much paperwork to do when you arrest someone that a lot of cops in College towns avoid it. He could have been a danger to himself or others.
Anonymous
Post 04/16/2019 06:57     Subject: Anyone's college student been arrested for public intoxication?
Were other students arrested as well?

Why had the cops been called to the house party?

If he was still intoxicated until mid day the next day, he had had a lot to drink - his memory of what he did or didn't do the night before may be quite skewed by his level of intoxication.

Hopefully the charges are dismissed but you may not have the full story
Anonymous
Post 04/16/2019 03:36     Subject: Anyone's college student been arrested for public intoxication?
Anonymous wrote:Seems odd, unless he was stumbling or neighbors complained about under age drinking, that they would approach a person who is not attempting to drive and give them a breathalyzer??


+1
It is possible that your son had bad luck and ran into a cop who doesn't use his discretion wisely, and that's an understatement. But I think there is more to the story, otherwise everyone in college would have a similar charge.

As far as a security clearance goes, I know people with TS clearances who have done much worse.