College Student Defense Lawyer in Lawrence, KS

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Sometimes, college students run into unique legal problems. They could be accused of a crime or of partaking in behavior that carries consequences at school. Either way, these matters could have lasting effects.

If you are a student facing such issues, or if you have a child who is, you need competent legal counsel who has experience handling the nuances of these allegations. Learn more about why college students trust Joseph, Hollander & Craft. By taking action early, you can resolve criminal charges and academic complaints with an eye towards protecting your future.

Criminal Charges that College Students Face

The college environment may place a student in a number of legally compromising positions. Whether the charge in question is a misdemeanor or a felony, having a criminal record at such a young age could be severely detrimental to the student’s future. Our attorneys routinely defend college and university students against charges related to:

• Underage drinking, purchase, and possession of alcohol: K.S.A. 41-727 prohibits anyone under 21 from possessing, consuming, obtaining, purchasing, or attempting to obtain or purchase alcoholic beverages. This is one of the most common charges students face. For anyone over 18 but less than 21 years old, the offense is a class C misdemeanor.
• Fake IDs: To purchase alcohol, some students use fake identification or borrow a driver’s license from a friend. This is prohibited by K.S.A. 8-260, which classifies the offense as a class B misdemeanor upon first conviction and a class A misdemeanor upon second or subsequent conviction.
• DUI: A charge for driving under the influence may be brought based on perceived inability to properly operate the vehicle or based on blood alcohol concentration (BAC). For individuals 21 and older, a BAC of 0.08 or more will qualify for a DUI prosecution; for individuals under 21, a BAC of 0.02 or more will qualify for a DUI prosecution. In addition to criminal penalties, anyone stopped for DUI may also face driver’s license suspension.
• Drugs: It is also illegal to operate a vehicle under the influence of drugs (including legally prescribed drugs) that impair the driver’s ability to safely operate the vehicle. Drug use often involves possession, which may be prosecuted as a misdemeanor or felony offense depending on the type of drug and quantity possessed. Distribution or possession with intent to distribute is a felony.
• Assault and battery: A physical altercation or near altercation may result in charges for assault or battery. Depending on the circumstances, these crimes may be charged as misdemeanors or felonies.
• Sexual assault: Reports of rape and sexual assault are unfortunately common on college campuses and between college students. Most sex offenses are felonies. Even misdemeanors may require registration. Joseph, Hollander & Craft’s defense attorneys in Lawrence have ample experience with these cases.
• Theft and property damage: Having a roommate is a common living arrangement in college, but one may accuse the other of stealing or damaging their property.

Title IX Overlaps

Title IX is a federal law that makes it illegal for colleges and universities that receive public funds to engage in sex discrimination. Although institutions of higher education can be held liable under this law, students can also be accused of committing Title IX infractions against their fellow students.

Investigations could result in suspension, expulsion, and other punishments. These will adversely affect the student’s academic record and make it substantially more difficult to secure future employment, maintain an athletic scholarship, and remain enrolled at the school. Some examples of overlaps between criminal allegations and Title IX violations include:

• Rape and sexual assault: This is a major category of wrongdoing which will likely find a student facing both criminal prosecution and academic discipline. However, the way in which the law and the school define these actions could vary.
• Sexual harassment: Schools view harassment as a violation of a student’s right to an education. Depending on the facts, the alleged harassment could cross the line into criminal misconduct.
• Stalking: Colleges and universities are sensitive about protecting student safety, so anything that appears to be stalking is likely to get the school’s attention. The behavior may also lead to prosecution.
• Domestic violence: Students who are in a relationship with each other can experience violence, abuse, and related treatment at the hands of their partner. It is likely that law enforcement will get involved in a domestic violence situation.

It’s important to know that just because the district attorney declines to prosecute a student for an alleged crime does not mean the school will make the same decision. Or, if you have a simultaneous criminal case and Title IX action, it is important to know how to balance your interests in both cases. Although schools should protect the due process and constitutional rights of students who have been accused of violating Title IX, the process is very different from court proceedings. Experienced legal counsel can protect your interests across all proceedings.

Academic Misconduct and Related Matters

Another looming problem is with academic misconduct and related offenses. These issues sometimes cross the line into criminal behavior, but not always; nonetheless, an ethics complaint can lead to major problems down the road.

If you have been accused of any of the following, you should speak with a defense lawyer who represents college students before talking to professors, deans, or other officials at your college or university:

• Cheating: Either a professor or a fellow student may accuse you of cheating on an examination. The accuser could claim that you brought notes into the testing environment or otherwise had unapproved help.
• Plagiarism: This is another common academic offense that has only proliferated with the rise of generative artificial intelligence (AI). Passing off another’s work as your own is plagiarism, but many students are falsely accused of it.
• Complicity: College and university ethics codes typically require students to report misconduct they observe. However, some students not only fail to do so, but may be accused of actively assisting others with their misbehavior.
• Hazing: With increasing scrutiny on hazing, the practice has declined. But it still occurs and can still get many students in trouble.
• Stalking and harassment: Universities and colleges have a duty to protect students from stalking and harassment and are often vigilant in enforcing their codes. But that means innocent students can and do get falsely accused of misconduct.
• Interfering with other students’ rights: Conduct that disrupts another student’s educational rights or employment opportunities may also violate the rules. However, this is often a poorly defined infraction that can lead to due process problems.

A student may also be subject to disciplinary action for violations of criminal law if it violates a university policy, such as the Code of Student Rights and Responsibilities.

You Need Committed Defense in Your Corner

Whether you are charged with a crime or an academic or other form of school misconduct, your rights and your future are on the line. Connect with Joseph, Hollander & Craft in Lawrence, KS today. We are located just down the street from campus at 5200 Bob Billings, and we also have offices in Overland Park, Kansas City, Topeka, and Wichita.