Brooklyn, NY asked in Criminal Law and Education Law for New York

Q: How to get out of covering a fire alarm in a dormitory at college situation?

My friend lives at the dorm in college and while they were gone for spring break, someone checked their room and supposedly found the fire alarm covered by a bag. They now have a hearing for the situation soon and don’t know how to go about it.

Related Topics:
2 Lawyer Answers
Daniel Michael Luisi
Daniel Michael Luisi
Answered
  • BROOKLYN, NY
  • Licensed in New York

A: The right strategy depends on the college’s bylaws and disciplinary rules, or if in court, the rules of court and the laws cited in the charging documents. Most likely there should be a lot of emphasis on mitigating factors including your friend’s previous record, academic standing, and any excusable circumstances. The evidence of the charge should also be analyzed and challenged, as well as whether the charge itself is appropriate to the facts alleged. Your friend should consult an attorney to evaluate the situation and develop an effective approach.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: This looks similar to another New York question involving a dormitory smoke alarm. In my response there, I recommended reviewing the paperwork and assessing what the disciplinary action or charges are, depending on whether the hearing is through the school or through a public court. Your friend could look into a consult with an attorney to figure out the best approach - responding individually, involving parents, or with an attorney present. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.