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

Q: My friend covered a fire alarm in her dormitory room at college, they found it and she has a hearing, what to do?

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

A: Your friend should review the hearing papers and learn who is conducting the hearing, whether internal through campus fire & safety or through a public court, what it involves in terms of charges, penalties, campus/academic discipline, etc. She could consider consulting with an attorney to discuss whether it would be better to have representation or to handle it herself or with her parents, depending on the forum and the nature of the allegations/charges. Good luck

Daniel Michael Luisi agrees with this answer

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

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