By H. Michael Steinberg – Colorado Criminal Defense Lawyer For The Defense Of University – College Disciplinary Charges – Email The Author
Understanding The Impact Of University – College Student Discipline Cases On Your Future – As a student who has worked hard to obtain a college education – one moment of poor judgement – if not handled correctly – could jeopardize everything!
There are two tracks that parallel each other when a college student is either under investigation or is charged with a criminal act. The more familiar – being accused of a crime – is certainly more frightening – but it is also well understood.
The other – a college disciplinary case is much different, much less familiar, but no less dangerous in many ways to the college or graduate student’s future. What is especially unsettling for college students is a charge or accusation that may not only imperil their academic pursuits, it could have a permanent impact on their future.
Colorado public and private colleges and universities launch their own investigations into accusations – criminal or otherwise apparently violative of school codes of conduct – and actually hold interdisciplinary hearings to determine what, if any, discipline to impose. Sanctions can mean academic probation, temporary suspension, permanent expulsion, restitution, disciplinary regular probation, a reprimand, a warning; or an admonition as well as the possible loss of financial aid.
An experienced Colorado criminal defense lawyer familiar with these cases knows the dangers of fighting dual battles. But the same lawyer well understands the opportunity to use the disciplinary hearing to uncover the strengths – or more importantly – the weaknesses in the State’s criminal case… such as the right to cross-examine accusatory witnesses in advance of the criminal trial.
At the same time, a skilled criminal defense lawyer may be able to preserve the student’s academic standing by persuading the college hearing officers to impose only minor sanctions or perhaps no discipline at all until the accompanying criminal case is resolved.
Colleges and universities hold disciplinary hearings not only for criminal charges but for such things as academic misconduct, cheating, plagiarism, sabotaging another student’s work, falsification of academic records, and clear and unambiguous misrepresentations used to gain admission.
In our competitive world the importance of a clean academic record, preserving the student’s academic standing is not only essential – it is of paramount importance.
While academic misconduct can be charged – more commonly students are charged criminal with such crimes as:
Use or Possession of Alcohol – Minor In Possession (MIP)
Assaults and Battery
Fraud Crimes Such as the Use and or Possession of Fake IDs
Theft, Shoplifting and other crimes of Larceny
Vandalism, Criminal Mischief or other types of Malicious Destruction of Property
Public Intoxication
Resisting Arrest
Disorderly Conduct and Harassment
Violent Crimes
Weapons Charges
International Students facing Deportation, Inadmissibility, or Crimes of Moral Turpitude
Student Conduct and Conflict Resolution services can also be used to help students resolve disputes in a fair manner outside of the Colorado criminal justice system. Colleges and universities can sometimes be persuaded to keep the issue “in house” and not “press charges” in the state courts. The learning experience of working with university authorities to resolve conflicts can sometimes be used to provide the student with important skills to resolve current and future conflicts… and therefore avoid the need to “taking the case public.”
An alleged violation of a Colorado college student code of conduct in many ways can be as important as the outcome in the criminal case itself. The decision to “go it alone” with counsel can be a mistake when the long view is taken.
If you or your child has been arrested or is subject to a criminal investigation, the decision to retain counsel – while expensive for both the criminal side of the case as well as the disciplinary hearing – may make the difference between a successful outcome and continuation of the desired life path and a disastrous and entirely naive approach that everything will turn out fine.
A Colorado Student Disciplinary Hearing Attorney is concerned about the future of their client’s academic and employment career.
Having an experienced defense attorney on your side levels the paying field and will set your mind at ease that you are doing everything possible for the best result.
H. Michael Steinberg has represented students at all of the Front Range colleges and universities of Colorado on both the criminal and the disciplinary sides of their cases.
Remember that disciplinary action by your Colorado college or university does not preclude the possibility of criminal charges being filed against a student in Court. The reverse is also true – just because criminal charges have not been filed against a student does not preclude college officials from taking actions against that student.
The impact of a criminal accusation and concurrent student disciplinary charge can be particularly harmful to graduate students who have devoted their lives to their chosen profession.
Professional fields of study such as the health care professions, education, the law, the military or law enforcement are particularly affected.
Graduate students in the following colleges:
Colleges of Education, of Law, of Medicine, of Dentistry, of Pharmacy, of Nursing, of Public Health and Health Professions, and of Veterinary Medicine among many others
All of these and other professional fields of tudy can be greatly impacted by a poor result in a university disciplinary case.
The law allows a college student to retain an attorney in a disciplinary matter – but the proceedings are very different than in court
The lawyer is forced to act only in an advisory role during a college disciplinary hearing. However an experience lawyer in this field can be a great asset in achieving a positive outcome.
The Steinberg Colorado Criminal Defense Law Firm is experienced in this area and will help you navigate through the administrative maze of student conduct petitions, quasi – judicial hearings, sentencing decisions, probation plans, written statements, and possible defenses, as well as assisting with careful explanations or mitigation of the facts of each case.
Understanding ALL of the possible legal defenses, the strict court procedures, and the filing deadlines in this area is critically important.
The Firm can:
Of course the ultimate goal of the hearing is for the hearing officer to return a finding of “not responsible” for any charged misconduct. If you lose the hearing – the lawyer can prepare an appeal of the ruling.
The most difficult “balancing act” while on this dual track is to defend a fast moving disciplinary proceeding while protecting the student – client from incriminating themselves irreversibly in what is usually the slower moving criminal case.
If a criminal prosecution will most likely result from the student’s misconduct, the experienced lawyer will work to protect the college student against making any statements that might later incriminate the student in the criminal proceeding. Innocuous statements made during the disciplinary proceeding could later be used against the college or graduate student to help prove one or more elements of the criminal offense – such as in sexual assault allegation.
H. Michael Steinberg works with his clients to carefully and painstakingly present their side of the story during the disciplinary hearing without – if at all possible – damaging the defense to the criminal case that follows. It is for that reason that retaining a lawyer for the disciplinary hearing is often just as important as obtaining representation for the criminal proceeding.
The shock of being arrested in a Colorado criminal case can never be understated. The need for clear information after you are released on bond and return to campus will necessarily include the need for answers to the following critical questions:
AND If I have to plea bargain the criminal case – can my criminal record be sealed or expunged?
If you are under investigation – have been charged in either forum – you may receive plenty of advice from well-intentioned friends, residence halls assistants, fellow students and others on how to handle the situation. They want to help – but can actually do much more harm than good – none of these people have represented someone in a courtroom. The “interplay” between Colorado college disciplinary actions and a criminal case is complex is delicate and is not something you can “reason through.”
If you are the subject of disciplinary proceedings, have been warned, placed on probation, or suspended for academic, nonacademic, or any other reason by any of the colleges, universities, graduate schools, or professional schools you have attended in Colorado and you must be concerned with future job and or higher education application forms.
The failure to disclose the fact that a disciplinary proceeding occurred could be considered misconduct which could result in the loss of a job opportunity, the loss of financial aid, rejection from a post graduate program and the like.
To avoid having to answer these questions you or your child must be successfully defended. You or your son or daughter need to be able to carefully tell there side of the story without risk to a criminal case, understand the accusations against them, as well as the legal and/or disciplinary proceedings that are procedurally part of the mix and THEN they must carefully design a successful strategy to extricate themselves from their legal and academic entanglements.
Please call our firm for a free, confidential consultation during which we will discuss your unique circumstances and how to protect your academic future!
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author – A Denver Colorado Student Discipline and Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.
If you are charged with A Colorado crime or you have questions about Understanding The Impact Of Colorado University – College Student Discipline Cases On Your Future, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.
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Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving … Understanding The Impact Of Colorado University – College Student Discipline Cases On Your Future.