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Students and the Law

Students and the Law. What you should know. Geoffrey Burg Patricia Fulton. Goals of Presenta tion. Know the consequences BEFORE you act!. Content. Myths & Realities Terminology Common Crimes Consequences Legal Rights. Myths & Realities.

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Students and the Law

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  1. Students and the Law What you should know. Geoffrey Burg Patricia Fulton

  2. Goals of Presentation Know the consequences BEFORE you act!

  3. Content • Myths & Realities • Terminology • Common Crimes • Consequences • Legal Rights

  4. Myths & Realities • Myth: “I’ll just tell the police the whole story and it will be ok.” • Reality: Talking to the police may not be the best thing to do. Never lie! Remain silent.

  5. Myths & Realities • Myth: “I’m under 18, so my case will be in juvi court & no big deal.” • Reality: Not all cases in juvi & all cases are a BIG DEAL

  6. Myths & Realities • Myth: “No one will know about it because I wasn’t convicted.” • Reality: All cases filed in court are public records and easily available to the public, often on the internet.

  7. Terminology • Juvenile Court versus “adult” courts • Prosecutor • Public Defender/ Private attorney • Probation

  8. Terminology: Levels of Crimes • Misdemeanor/Gross Misdemeanor • Felony

  9. Terminology: Outcomes • Guilty (plea or trial) • Plea bargaining • Dismissals

  10. Juvi v. Adult Court • General crimes in juvi. • All traffic crimes in adult court if 16 or older.

  11. Common Crimes • Alcohol and Drug Related • Criminal Traffic • Shoplifting/Theft • Assault

  12. MIP/MIC • Will be prosecuted • Gross Misdemeanor • Loss of license if under 18

  13. MIP/MIC • Furnishing alcohol to minors • Gross misdemeanor

  14. MIP/MIC • When not a crime: • OK for parent to give alcohol to their child if consumed in the parent’s presence • OK for medicinal • OK for religious services

  15. Marijuana • Illegal! • Misdemeanor = 40 grams or less • Felony = Over 40 grams, delivery, or intent to deliver • Misdemeanor = possession of drug paraphernalia

  16. Common Crimes: Drug Consequences • Mandatory Jail time & fines • Student Loan implications • Loss of driver’s license if under 21

  17. Common Crimes: Fake ID • It is a crime! • No forging/altering • No using someone else’s

  18. Students & Cars

  19. Minor Driving After Drinking • “Minor DUI” • Under 21 • BAC of .02 to .079 • Misdemeanor • License consequences

  20. DUI and Physical Control • Over or under 21! • .08 or greater • “Affected by” • Mandatory jail time & fines • License consequences • Ignition Interlock device

  21. Reckless Driving • Driving with a willful or wanton disregard for the safety of persons or property • Racing • Gross Misdemeanor • License consequences

  22. Theft • Degrees • Theft 3 = <$750 • Theft 2 = $750-$5000; • Theft 1= $5000+ • Civil penalty • Crime of dishonesty

  23. Assault • Felony or misdemeanor • Harmful or offensive touching • DV & mandatory arrest

  24. Consequences • Criminal Record • School Admission • Financial Aid • Jobs • Housing • Immigration • Military

  25. Consequences: Permanent Records • Assume EVERYTHING is a public record. • Almost everything is available on the internet! • Seattle Municipal Court • Washington Courts • Washington State Patrol • Department of Licensing

  26. Legal Rights • Exercise rights in a polite & respectful manner

  27. Legal Rights • Right to remain silent

  28. Seriously, remain silent! • “Boy what a dumb jerk I was tonight.” • “I’m glad I didn’t kill anyone tonight.” • “I never thought I would do something this stupid.” • “I sure messed up tonight, I can’t believe I drove drunk.”

  29. Legal Rights • Right to a lawyer • Confidential • 24/7 can call public defender • Asking for a parent ≠ asking for a lawyer

  30. Legal Rights • Don’t consent to searches • School officials may search student/bag/locker/car: • Warrant • No warrant but: • Reasonable • Belief violating the law or school rules

  31. Conclusion

  32. Questions IPhone/Android Keyword “Burg”

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