College Student Defense Attorneys In Ohio

Miami University students frequently appear in the Butler County Area I Court after being arrested by one of the five-or-so agencies that patrol the University (City of Oxford Police, Miami University Police, Oxford Township Police, Butler County Sheriff’s Office, and the Ohio State Highway Patrol). The crimes vary from minor misdemeanors, to serious felonies-from underage drinking, to burglary, to sexual assault-all of which can have major consequences for a student’s future.

The criminal case is often just the beginning for a Miami student: a University discipline case is not far behind. The local police agencies are subject to Ohio public records request laws that ensures that all police reports involving students are forwarded to Miami. The University discipline cases often involve consequences as serious-if not more serious-than the related criminal charges.

Types Of College Student Offenses We Handle

At Rittgers Rittgers & Nakajima, our Cincinnati criminal defense attorneys are proud to say that we represent and defend Miami University of Ohio students in all manners of criminal defense cases. We know that everyone is capable of making a mistake but that should not unfairly jeopardize your entire education and, consequently, your entire future wellbeing.

• Drug possession or distribution
• Assault and battery
• Date rape (sexual assault)
• DUI/OVI/DWI
• Underage students possessing or drinking alcohol
• Fake ID charges
• Noise ordinance violations
• Petty theft

Make no mistake: if you are being charged with any sort of criminal accusation, it can affect your college career. Even if you are arrested for a violation off-campus, it can come to the attention of the Miami University faculty and impact you there. By retaining our criminal defense lawyers, you can prepare to shield yourself from the heavy hand of the law that couldn’t care less if your academic life is going to be hurt by a conviction.

University Disciplinary Process

After a Miami University student is charged, the student will be given a summons to appear in court. At the initial appearance-which is the first time they appear in Oxford’s Area I Court-the accused should enter a not-guilty plea and ask for a continuance to retain counsel. Do not “just plead guilty to ‘get it over with’.” A member of our Oxford team can then schedule a pretrial conference with the prosecutor to discuss the merits of the case. Often a negotiated plea, or entry into a Diversion Program, can be worked out; however, each case is unique and the outcome is dependent upon its individual merits.

At the same time, our Oxford team can evaluate the related Miami University Discipline issue and attend any hearings at the University with you.

Our Oxford, Ohio-based attorneys spend every day advocating for and advising college students. Each member of our Oxford team either teaches or has taught at Miami University, and is therefore very well-versed in the interplay between the legal and University processes.

A College Student’s Guide to Interactions with the Police

Let’s face it, the college scene is fraught with temptations to either violate the law, or to be in close proximity with those who do. Many of these temptations-underage drinking for example-will attract the attention of law enforcement officers. While college students have temptations, they also have the constitutional right to be free from unreasonable searches and seizures. However, the college student’s rights tend to follow the maxim of “if you don’t use them, you lose them,” meaning that if you do not know how to lawfully exercise your rights, you will probably waive them.

Here are some simple guidelines to preserve your constitutional rights in encounters with the police, and to set your case up in the best possible way should the police charge you:

Always be respectful

What does this have to do with preserving your rights? First, hostility towards officers can be perceived as aggression that in turn can give the officers some basis, real or perceived, to detain, search and/or arrest you; whereas a respectful approach may give law enforcement officers no additional evidence against you-hence forcing your release. Second, officers almost always give input to prosecutors in terms of what type of plea deal gets reached in your case; the prosecutor is almost always going to ask “was he/she cooperative, or a jerk?” You can guess which of these two categories gets the better deals;

Ask if you have a choice

“Can I ask you some questions?” “Can I search your wallet?” “Mind if I peek around?” These are but a few of the questions that officers will ask you. In reply, here is what you should ask them: “Do I have a choice?” If their answer is “yes,” then your answer is probably (a respectful) “no.” If their answer is “no,” then say, “well, if you are telling me that I don’t have a choice, then I will comply.” If, for some reason, the officers are lying to you about your choice, then you have set up a great coercion issue for a later motion to suppress.

Ask to speak to a lawyer first

You may or may not be able to depending upon which stage of the investigation you are in, but you should clearly, unequivocally and respectfully invoke your right to counsel. If you are told no, say nothing of substance (or ideally nothing at all) until you speak with an experienced criminal defense attorney (ideally one with a 24-hour action line #RittgersLaw).

Note: these rules are somewhat flexible-particularly in drunk-driving cases where the consequences of refusing an officer’s request can be significant-but as a general rule, they will almost always get you the best outcome in both the short- and long-term.

Get Help Now With College Student Offenses

If your son or daughter is charged, and you are at a loss as to what to do, hire a member of our Oxford team to help navigate the criminal justice system in Oxford Area I Court. Initial consultations are free; let us help your Miami student get back on course to a successful college career. You can speak with a staff member at either our Cincinnati, Lebanon and Oxford offices by calling 513-496-0134. We are also available via email.