College Student Federal Arrest.

When a college student is arrested on federal charges, two separate processes can be triggered simultaneously:

• Your university disciplinary proceedings. Theseceedings often begin shortly after arrest and can have serious educational consequences. The university may have different rules, and its standards for finding misconduct are generally lower than the burden of proving guilt in criminal law. You must work closely with an experienced attorney to defend against these academic consequences.
• Your federal criminal case. In federal court, you will face charges under federal law. Federal law governs both the substance and the procedure of federal criminal cases, and federal criminal cases proceed in the federal court system rather than the state courts.

Do Universities Get Notified?

Depending on your university’s policies and where the arrest occurs, your university may receive notification of the arrest. Some institutions have policies requiring the university to be notified, but as discussed, there is no evidence to support a national rule requiring notification of an arrest. You should contact your college student federal arrest attorney to determine whether your university needs to be notified and to find out what other administrative steps are necessary at this time.

Does an Arrest Equal Guilt?

It is critically important to understand that an arrest does not equal guilt and is not the same as a criminal conviction. In many cases, a college student can beat their charges.

• An arrest is not, by itself, proof that a student has broken any law. While it shows that a law enforcement officer believed you committed a crime, that is not the same as establishing guilt.
• While some universities require a conviction to remove a student, others may take action based on an arrest. However, the fact that you have been arrested does not mean that you will be convicted or that you will have to leave your school.
• If your arrest was unfounded, your attorney can help you make the case for staying at your school.

How do arrest, indictment, conviction, and university allegation differ?

If a college student is arrested on suspicion of committing a federal crime, it is common for the student to face various types of legal and academic scrutiny simultaneously. A few of these include:

• Arrest. If you have been arrested, you are facing potential criminal charges, such as aggravated identity theft or wire fraud. Federal agents may arrest you when they have probable cause to believe you violated the law, but, as noted above, this does not mean you have been convicted.
• Indictment. An indictment is a document in which formal charges against a defendant are listed; a federal case may instead proceed by information when the defendant waives indictment. An indictment is the result of a grand jury proceeding. However, an indictment is not a conviction, and an indictment does not establish a student’s guilt either.
• University Allegation. Along with the criminal process, you may face an allegation of violating school policy. In this proceeding, you need to be extremely careful about what you say, and you need to be very familiar with the university’s rules and disciplinary procedures. University policy violation allegations are not equivalent to a criminal charge or a criminal conviction; and, once again, an allegation of misconduct from your school does not imply any form of guilt.
• Conviction. This is the result of a criminal case in which the judge or jury has found you guilty or you have pleaded guilty. A criminal conviction can, of course, trigger educational consequences.

As you can see, each of these situations has its own distinct meaning and implications. Even when these legal processes occur at the same time, it is critical for your defense attorney to be aware of all proceedings involved. While a university allegation is not the same thing as a criminal conviction, it can still present serious risks; and while an indictment does not establish a student’s guilt, it is a formal step that requires a careful, comprehensive defense.

Why can a campus deadline arrive before federal court resolves the case?

Campus disciplinary proceedings tend to move much faster than related criminal proceedings. While a federal criminal investigation might take weeks or even months to wind its way through the system, your university likely has its own priorities and procedures for handling misconduct allegations on campus.

For example, it is common for university conduct officers to request to meet with students as soon as 48 hours after an arrest has occurred, well before a student’s next federal court date. The speed and separate nature of school proceedings can make it challenging to maintain a consistent defense strategy, and students must work with their college student federal arrest defense lawyers and university administrators in parallel.

What should a college student do (and not do) during the initial stages of an investigation?

When facing scrutiny from campus administration, law enforcement agents, and criminal prosecution, it is critical for college students to exercise extreme caution. Students must avoid inadvertently doing or saying something that would create risks in their university disciplinary proceedings or jeopardize their federal defense. Specifically, students should:

• Avoid substantive statements. Especially in federal criminal cases, students must avoid making substantive statements to anyone, including university officials and federal agents, until they have discussed the implications with their defense lawyer.
• Ask whether police requests are optional. If a police officer asks to search your phone or access your car or house, do not assume the request is optional. Ask the officer about the request. If the request is optional, then you can refuse.
• Understand the consequences of refusal. In some cases, such as impaired-driving investigations, refusing to perform certain actions can lead to separate legal consequences. Again, when making decisions about your next steps, you need to talk to your attorney.

If any of this describes your situation, it is worth talking through with counsel. Spodek Law Group can be reached at 888 348 8028.

How should a student evaluate federal-defense price and promises?

The pages for a college student federal arrest do not establish a universal federal-defense price. Similarly, they also do not establish a federal-defense fee schedule. This is reasonable, as every case requires different efforts from defense lawyers.

The pages do not identify a generally recognized hardest criminal case. As a matter of course, the same types of criminal cases often present different challenges. The specifics of each investigation and trial are what set one case apart from another.

In the same vein, these pages also state that a lawyer’s advertised verdicts do not establish the probability of winning in any particular case. While obtaining a favorable verdict shows the strength of a lawyer’s track record, the specifics of your case are unique. This is true regardless of how your university alleges that you committed misconduct.

Federal defense costs vary based on the scope of the investigation, the charges involved, whether litigation or trial proceedings become necessary, and the level of experience of your defense lawyer. You should also make sure to find out how much you will need to pay for university defense fees.

Finally, remember that hiring defense counsel does not guarantee a favorable outcome in any case, federal criminal case or university disciplinary proceeding. While having a strong defense is critical, no result is certain. As this article emphasizes, you should not assume that dismissal of criminal charges in the federal court system would necessarily remove the risk of remaining campus disciplinary proceedings. Your defense lawyer will be able to help you understand the risks involved and help you make an informed decision.

When may a university case continue after federal charges disappear?

The dismissal of criminal charges before or during a prosecution does not mean that any related university disciplinary proceedings against a college student must end. While dismissal is generally favorable from a criminal-defense perspective, a college student can still face serious educational consequences. University students can learn about the risk of academic action when they read pages such as the university student code of conduct, student rights, and student responsibilities. The pages also make clear how university-related consequences can continue regardless of the allegations made against students in federal criminal court, as discussed below.

• Dismissal. If prosecutors dismiss your charges, this is a positive development, but it will not necessarily stop university proceedings against you.
• Lack of Proof or Evidence. When you win in court, this does not necessarily protect you from school-related discipline either. University disciplinary proceedings generally use different rules of evidence than those in criminal court proceedings, as discussed below.
• Proof of Guilt. Even when there is insufficient proof to satisfy the high burden of proof in federal criminal law, the student can still face university sanctions. University disciplinary systems may impose academic consequences even when a university disciplinary committee cannot prove a student is guilty beyond a reasonable doubt.
• Dismissal of Case. Similar to the first bullet, if your university disciplinary proceeding is dismissed, you may still need to defend against prosecution for a crime.
• When There are No Criminal Charges. Similarly, if you have not been criminally charged, you may still have to defend yourself against university proceedings. If your conduct violates university policies but is not deemed to be criminal, your university may still discipline you. When you do not have to worry about criminal consequences, this does not mean that your conduct was acceptable.
• When There Are No Charges at All. Finally, if university proceedings are not triggered, you may still face criminal charges. In many cases, university proceedings will not be triggered until law enforcement agents uncover evidence of criminal activity. When you do not have to worry about disciplinary consequences, this does not mean you are not in trouble.

Calling About Someone You Love

Most first calls to a defense firm come from a family member rather than the person under investigation. If that is you, Spodek Law Group answers its phone at any hour, and families retain the firm on a relative's behalf every week. Reach it at 888 348 8028.