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.
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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.
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.
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