Moving to a new city and going to college are exciting developments in a young adult's life. As you get used to going to classes and meeting new friends, it is normal to encounter some bumps along the way. Sometimes, mistakes can become out of control and lead to an on-campus arrest. If you have been arrested, there are a few things you can expect. Your personal injury attorney can also help you get compensation after a false arrest or a violation of your rights.
Can You Get Kicked Out of School If You Are Arrested on Campus?
Unfortunately, an on-campus or off-campus arrest can lead to serious academic consequences. You may be reprimanded, suspended or expelled. Your school can also put you on probation.
Because a college's standard of proof is much lower than the legal system's standard of proof, you may face academic consequences after you are proven not guilty in the courtroom. When this happens, a personal injury attorney can help you determine if you have a case against your school. You have a right to due process, and you may be able to seek compensation if your rights were violated.
What Happens After You Get Arrested on Campus?
If you are arrested on campus, you should remember that you have the right to remain silent. According to the Fifth Amendment to the United States Constitution, you do not have to answer an officer's questions. This is true for regular officers and campus police. Depending on your school, there may be disciplinary policies in place for not cooperating with the college's investigation.
Likewise, you are not legally required to allow a search of your physical person or dorm unless the police have probable cause or a warrant. Legally, the bar for establishing probable cause is quite high. Unfortunately, you may have signed away some of your rights in your school's rental agreement if you live in college housing.
In the agreement you signed when you moved into your dorm, you may have given the school permission to inspect your property. Normally, there are specific parameters attached to these agreements. For example, many schools have to give you a 24-hour notice. While your rental agreement may allow police to search your dorm, this search cannot be used against you in a criminal case. The university can only use this kind of search for disciplinary actions or university-related privileges.
If you are arrested for driving under the influence (DUI), you do not have to let police officers search your person. Likewise, police officers are required to get a warrant to search your vehicle. You do not have to tell the police where you are going.
Dealing With an Arrest
If you know that you will be arrested, you should prepare for the arrest. For example, you should memorize important phone numbers because your phone will most likely be confiscated. If you need to arrange childcare or prescription medications, you should plan ahead for these issues.
When you are under arrest, you should listen to your Miranda rights. You have the right to remain silent. The police officers may try to bully or befriend you in order to get more information. You do not have to talk to them. If they want to search your home or vehicle, you do not have to let them.
You have the right to make a phone call. If you make a local call, be careful about what you say. Unless you are calling your lawyer, the police can listen in on any call that you make.
Can You Be Compensated Following Your Arrest?
There are many cases where students can get compensation following a campus arrest. For example, our attorneys can help you out if your constitutional right to free speech has been violated. If the university retaliated against you after a protest, you may have legal options.
Whether you are arrested for public misconduct, sex crimes, partying or DUIs, you still have constitutional rights. Police officers are not allowed to search your home, vehicle or person without a warrant or probable cause. If you do not give them permission to search your property, they are not allowed to.
During the arrest, document everything you can. If you believe the university administration has violated your rights, you should file a documented complaint. Before disciplinary actions can be taken against you, the university must give you due process.
Campus police and universities are not omnipotent. If your rights have been violated in any way, a personal injury attorney can help you seek justice. To learn more about how we can help, call our team today for a free consultation.