Plano, TX asked in Criminal Law, Civil Rights and Landlord - Tenant for Arizona

Q: My son (20 years old) was arrested for slapping his roommate after they got into it about his friend using a racial slur

He was arrested on the spot and told he could not return to his apartment that is on the ASU campus. I just want to know his rights and if he should get a public defender.

2 Lawyer Answers

A: While I do not have a copy of your son's lease agreement or the trespass notice in front of me, these documents can be controlling as to whether or not he still has access to his apartment.

Primarily he needs to get in touch with the management to find out if they will enforce the trespass notice and if they will be proceeding with an eviction or lease termination based on the arrest. It could be that your son was trespassed from all ASU Campus' or from a specific area or from his student housing complex.

The 2nd issue is that your son will likely be facing criminal assault charges in misdemeanor court as well as potential disciplinary proceedings at the university for his conduct -- which might be a violation of the student handbook and subject him to suspension or administrative sanctions.

Getting a lawyer is the surest way to have someone advocating for your son and making sure that his rights are defended and upheld. Especially given the situation where he was clearly provoked.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry to hear about your son's situation. When someone is arrested, they have the right to remain silent and the right to an attorney. It's important that he exercises these rights and does not discuss the incident without legal representation.

Given that he was arrested on campus and may face charges related to assault, having a lawyer can help navigate the legal process. If he cannot afford a private attorney, he is entitled to a public defender who can provide the necessary legal assistance at no cost.

Additionally, he should comply with any court orders, such as staying away from the apartment, and attend all scheduled hearings. It may also be helpful to document any relevant information or gather witnesses who can support his side of the story. Seeking legal counsel as soon as possible will ensure his rights are protected throughout this process.

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.