My son is an AM @ Delta Chi on a UC campus. His under 21 AM president tasked son to go with him to purchase beer off campus. My son was fairly sober but the president was not and behaved badly at the liquor store attracting attention. My son had given him 3 quarts to carry and was subsequently charged with some sort of misdemeanor relating to minors and alcohol. The president was arrested but not charged with anything. Son was not arrested. His appearance has not been listed on the court schedule and we wonder about that. I refuse to let the fraternity skate by if the charge sticks, I have some stature and will waltz with the UC over it. Rather not, but will lecture the fraternity about their support of underage drinking if there is no misdemeanor. Thus far I am reasonable and kept quiet.
Criminal Defense Attorney
Your question raises multiple issues. First, it seems that you are asking if the campus police have jurisdiction to make arrests (a citation is equivalent to an arrest). The answer to that is, yes. You also seem focused on the wrongdoing of others. That is totally irrelevant at this point in time. Your son is the one who has been alleged to have committed a crime and he is the one that needs to fight this in court, assuming the DA files charges. Any action against the campus groups should wait until your son's case is completed. You do not want to draw any attention to your son's criminal case.
I would not contact the DA to see whether they have filed charges. If this is the one case in a million that actually would slip through the cracks, there is no reason to remind the DA to go looking for your son's citation.
I am a former Deputy District Attorney and former DA Family Support Attorney. This answer is not intended to give specific legal advice or to create an attorney-client relationship. Michael Scheid may be reached at (209)544-5727.
Criminal Defense Attorney
From what you have written, it appears that your adult son (over 18, but under 21) was caught in possession of alcohol. In that case, he is facing a misdemeanor with the potential imprisonment of 6 months. He most likely would not get that amount of time if convicted, but could have his driving privileges affected until he is 21 (or longer).
You need to contact an attorney now about this matter. Blaming the school, while proper and legitimate, does not offer your son any harbor against these charges. While allowing a person under 21 to be in possession of alcohol on campus is irresponsible, it does not alleviate your son's criminal liability. Good luck.
It looks as though your son was cited for a misdemeanor and released. The citation will list the charge that the your son was charged with violating. Generally, after an officer cites an individual the citation is forwarded to the District Attorney's office for review. If your case is not on calendar you can call the District Attorney's office if a complaint has been filed.
Only If and until you and I sign an Agreement for Legal Services. I am not your attorney. These answers are provided for informational and/or novelty purposes
Generally speaking, the police make arrests, the DA files charges. However, in this types of cases sometimes the police make an arrest and then file the ticket with the court and then you son would be required to show up to court to answer for the charges.
If the court proceeds with the charges then the DA would be in charge of prosecuting the case. If the DA files charges or the DA proceeds on the ticket I guess you question is (1) Can the charges be dismissed? Answer possibly.
The above information does not establish an attorney client relationship nor is it meant to provide legal advice.