Sacramento Criminal Defense Lawyer Blog

As young people pack up their computers, clothes, iPods, and posters and head off to begin the fall college term, parents watch them go with a mixture of excitement and trepidation. College is a time when intellectual skills are sharpened and horizons expanded. It's also a time when many young people can forget that their actions - even if they are just part of "college fun" - can fall outside of what is legally acceptable, and thus be subject to criminal prosecution.

The vast majority of college students make it through their four (or five or six) years without facing criminal charges. But unfortunately we see students who are good people make ill-advised decisions that put them in situations they never imaged they'd be in. This can include drinking at a party off-campus and then getting behind the wheel only to be pulled over for DUI, or being arrested for underaged consumption of alcohol at a school festival, like Picnic Day at UC Davis. It can also include vandalism or theft of school property as part of what was thought to be a "prank" on fellow students. The list of potential violations is as varied and lengthy as that for those us not in school.

Local residents in Davis, San Luis Obispo, Chico and numerous other cities have becoming increasingly frustrated with unruly behavior by the college students. Many communities are taking a much tougher stance against traditional frat house behavior and demanding that city and university police departments be much more aggressive in enforcement of criminal codes.

So parents, we strongly advise you to make sure that your college bound children understand that their increased independence while away at school brings with it increased responsibility and the potential for serious consequences if the law is broken. In addition, make sure that they understand their rights if they find themselves being questioned by police. A little forethought can prevent troubles that might have long-term negatives consequences.

The arrest in May of Sacramento Kings star Tyreke Evans for driving 130 miles an hour on Interstate 80 threw a spotlight on speeding and reckless driving on Sacramento's freeways - and the penalties that come with a conviction. The Sacramento Bee's Tony Bizjak published an article on Monday detailing the surprising number of people cited for excessive speed (Vehicle Code 22348) and reckless driving (Vehicle Code 23103). It turns out that over 80 people were issued citations by CHP for driving in excess of 100 MPH in May and June on freeways in Sacramento and Stockton.

Speeding and reckless driving convictions come with costly penalties. VC 22348 says that a first conviction for excessive speed (over 100 miles per hour) results in a $500 fine and loss of driving privileges for 30 days, with the amount fines and length of license suspension increasing with each conviction. A reckless driving conviction under VC 23103 can be punished by up to 90 days in county jail and/or fines up to $1000.

Triple Digit Speeders Surprising in Number, CHP Figures Show, Sacramento Bee, August 9, 2010

The Sacramento Bee on July 26 published an article that documents the rising abuse of OxyContin by many people in their teens and 20s.

OxyContin is a prescription pain killer that's derived from opium and has been on the market since 1995. Many young people try it because it can be ingested merely by swallowing a pill and lacks the stigma associated with other drugs such as heroine or cocaine. It is highly addictive, however, and can result in a physical dependence within a few weeks.

The Bee's article gives a valuable profile of the dangers of abuse of OxyContin. What we would add is that Diversion (also known as Deferred Entry of Judgment) and Proposition 36 provide alternatives to incarceration for people arrested for illegal use of OxyContin and other prescription medications. These programs - intended for people accused of drug use or possession, not drug manufacture, sale, or trafficking - allow the possibility of avoiding a conviction in exchange for completion of a drug treatment program.

For a complete description of Diversion (Deferred Entry of Judgment), see our July 9 post. For a complete description of Proposition 36, see our July 15 post.

Teens, Young Adults Abuse OxyContin in Northern California, Sacramento Bee, Monday, July 26, 2010

Vandalism - defined in California Penal Code Section 594 as a malicious act that damages, destroys, or defaces with graffiti any real or personal property - brings with it the possibility of serious penalties, including jail or prison time, fines, restitution, and loss of driving privileges. A wide variety of acts fall under the definition of vandalism, but some of the common examples include defacing a park bench or statue, damaging cemetery monuments, breaking windows on a home or business, or spraying paint on a freeway or building.

Vandalism can be charged as either a misdemeanor or a felony depending on the dollar amount of the damage caused and prior convictions. If the cost of the damage is less than $400, misdemeanor charges are filed. People convicted of misdemeanor vandalism face up to one year of jail time and up to $1000 in fines. If the cost of the damage is $400 or more, felony charges are filed, with the possibility of up to one year in jail or prison and up to $50,000 in fines. As mentioned above, prior vandalism convictions can change what would be misdemeanor vandalism to a felony.

If the vandalism is graffiti, the penal code allows judges to order the person who caused the damage to clean up the property and keep it free of graffiti for one year. In addition, local governments in which graffiti vandalism takes place are designated under state law as "victims," allowing them to seek restitution from taggers to fund repair and restoration of damaged property.

Finally, California Vehicle Code Section 13202.6 requires the DMV to suspend driving privileges for up to two years for conviction for any form of vandalism. If the convicted person doesn't yet have a driver's license, the court issues an order requiring that the license be delayed for up to three years after the date that the person becomes eligible to drive.

Our last post covered the various provisions of California's Business and Professions Code that govern possession and consumption of alcohol by minors. Today we look at sections of the state Vehicle Code that also relate to minors and alcohol.

Possession of Alcohol in a Vehicle

Vehicle Code Section 23224 makes it a misdemeanor for a person under 21 years of age to have any sort of alcohol in a car, except under the supervision of a parent or guardian or as part of the minor's employment. Convictions under this code come with severe penalties, including impoundment of the vehicle for 1 to 30 days, fines of up to $1000, and jail time of up to 6 months. In addition, someone convicted of violating section 23225 is also punishable under Vehicle Code Section 13202.5, described below.

Suspension of Driving Privileges

Vehicle Code Section 13202.5 requires a one year suspension of driving privileges for anyone under 21 convicted of violating Vehicle Code Section 23224 described above or any of the Business and Professions Code sections outlined in yesterday's posts. It also says that if the person convicted of these codes does not yet have a driver's license, the DMV must delay issuing a license for one year after the convicted person become eligible. And each additional violation results in an additional one-year delay in getting a license.

DUI and Minors

Of course, minors are also subject to Vehicle Code Sections 23152 (a) and (b), which make it a crime to drink and drive. Conviction of DUI comes with fines of at least $2000, jail time, and probation. See the October 2, 2010 post for detailed information on DUI penalties.

The State of California has a number of laws that pertain to under-aged drinking of alcoholic beverages. In today's post we'll outline the provisions of the Business and Professions Code that make it a crime for people under the age of 21 to purchase and consume alcohol. In our next post, we'll describe the sections of the Vehicle Code that impose driving related punishments not only for drinking and driving, but also for having alcohol in a vehicle, or for purchasing or consuming alcohol.

Possession and Purchase of Alcohol by Minors

The California Business and Professions Code lays out the penalties for the possession and purchase of alcohol by minors.

• Section 25662 makes it a misdemeanor for a person under 21 to have alcohol in a public area, except when transporting alcohol in the course of employment or under the direction of a parent or guardian.
• Section 25658 makes it a misdemeanor for a person under 21 to purchase or consume alcohol in a restaurant or bar.
• Section 25661 makes it a misdemeanor for anyone under 21 to use a fake ID in an attempt to buy alcohol.
• Penalties for a first violation of all three of these codes include a fine of up to $250 and community service of 24 to 32 hours. Penalties for subsequent violations come with a fine of up to $500 and 36 to 48 hours of community service.

In addition to knowing state laws relating to minors and alcohol, it's important to be familiar with the local laws of the city or county you live in, as well as of places you're visiting since each locality can enact ordinances related to alcohol consumption. For example, Davis has an Open Container Ordinance that bans possession or consumption of alcohol by any person in public areas - such as parks, sidewalks, and parking lots. Each violation comes with a $152 fine.

As the calendar turns toward fall, colleges throughout the nation, including UC Davis and Sac State (CSUS) locally, are welcoming new and returning students as another academic year begins. For most students, college is a time of expanding one's worldview, improving critical thinking skills, and developing a vision of a career path. It's also a time to meet new people and learn to live independently, away from the structure, boundaries, and comfort of home life.

The college environment can seem like a cocoon, insulated from the consequences of the real world, leading some students to think that they can do things that would not be acceptable, or even legal, in the outside world, and not be held accountable. But often there are consequences. Some offenses might come under the purview solely of the campus disciplinary system, but some become the interest of law enforcement. And since the vast majority of college students are 18 years of age or older, they are treated as adults, not juveniles, by the judicial system, which means less tolerance and harsher penalties.

Most of the cases we see involving college students concern DUI, drug possession and sale, assault, vandalism, and theft. More often than not, they involve students who've never been arrested but have now done something unwise and out of character. They drive to a party off campus, drink three or four beers, and then get pulled over by local police as they drive home. They fall in with a crowd that likes to smoke marijuana, and then get arrested for drug possession, or even possession for sale, when police come to their off-campus house to break up a late night party. They get in a fight with a member of the local community who decides he just doesn't like college students. They pull a prank on a rival fraternity and get arrested for damaging property. Or they get arrested for sexual assault against someone they meet at a party or who lives in the same dorm.

The key thing to keep in mind is that once local law enforcement is involved, saying "But I'm just a college student" isn't a defense. Because of problems students have caused over the years, many communities are less likely than before to say, "That's okay. They're just kids." Police officers and prosecutors merely see college students as "the accused." In other words, don't expect any special treatment. Contact a criminal defense attorney and figure out your options.

Continue reading "College Students and the Criminal Justice System" »