Having Drinks with Mom This Weekend?

While some Ohio University students and their parent(s) eagerly await the opportunity to share the bonding ritual of having a few drinks together in a college bar, it is unfortunate that Mom’s and Dad’s Weekends are ruined for some families when the underage student is later arrested by the police for being under the influence of alcohol. Ultimately, this situation usually occurs when the parent has left the bar and/or gone home early and the student is no longer under “parental supervision”. There are three elements to the charge of underage drinking: possession, consumption and being under the influence in a public place. Any of these components by themselves or any combination thereof can result in a citation and/or arrest by the police. Even though Ohio law allows the student to avoid the consequences of being charged with underage possession or consumption of alcohol when the parent purchases the drinks, the student still faces the danger of being charged with “being under the influence” of alcohol in a public place when a parent is absent. Here is an example from a previous Dad’s weekend:

A student and her father were drinking together at one of the uptown bars. The student had consumed a “few” drinks, but she says she did not drink enough to be obviously impaired. The dad and daughter parted ways when he went home and the student and her friend walked to their residence hall. During their walk, the student allegedly made a rude gesture at a passing car, prompting a nearby police officer to approach and ask her if she had been drinking. The student admitted her age and that she had consumed alcohol with her father. She was cited with underage because she was believed to be intoxicated in a public place and not under the supervision of her parent.

Fortunately, the Athens City Prosecutors will usually dismiss such cases where it can be proven that the parent did purchase the alcohol and consume it with the student, but the student has to pay the court costs ($104.00) to have the case dismissed.

If have drinks with your mom this weekend and are later stopped by police after you’ve gone your separate ways, make it known to the police officer right away that your parent provided the alcohol.

In any other case, you must remember your legal rights when approached by the police. Under the Fifth Amendment, it is well within a citizen’s right to refuse to answer questions when approached by police. You can simply say, “My name is Jane Smith and I live at 123 Any Street (give your REAL name and address, of course!). I do not want to answer any more questions without my attorney present”. This can further protect you from being convicted if you are arrested. If you readily admit that you are under 21 and you have been drinking, it just gives the police more evidence to convict you. Not incriminating yourself can only help you in the long run. See our flier: “Survival Tips for Court Street” for additional practical advice.

Patrick McGee, Managing Attorney

Heidi Sochia, Program Coordinator

Living in Off-Campus Housing? Be Aware of the Dangers of Illegal Media Downloading

In 2007, thousands of college students, including about 100 from Ohio University, were sued by the Recording Industry Association of America (RIAA) for illegally downloading music from file sharing internet sites such as LimeWire and Kazaa. Although most law suits were filed in Federal Court in Columbus or Cincinnati, The Center for Student Legal Services provided advice and assisted students in obtaining settlements with the record companies. Now, the Motion Picture Association of America and individual movie studios are following in the RIAA’s footsteps and going after people for illegal movie downloading.

In 2011, nearly 50,000 were accused of illegally downloading one of two movies, The Hurt Locker and The Expendables. To find out the identities of the people, movie studios hired law firms to issue thousands of “John Doe” subpoenas to internet service providers such as Verizon, Time Warner Cable and Earthlink, asking them to provide the IP addresses of the individuals engaging in illegal downloading activity. Most of them complied and handed over about 50 to 100 IPs per month. This strategy is tricky and often unfair because tracking illegal downloading through IP addresses doesn’t take into account that more than one person likely uses the computer(s) linked to that IP address. Also, more than one residence can be linked to one IP address, such as in a duplex or apartment building. (reference: http://money.cnn.com/2011/06/10/technology/bittorrent_lawsuits/index.htm)

The  RIAA  used the same strategy to identify illegal music downloads and in those cases, Ohio University was asked to turn over the IP addresses of students who illegally downloaded music using the Ohio University network. The same can happen with movie studios that are out to find individuals illegally downloading movies. In 2007, The Motion Picture Association of America (MPAA) compiled a list of the top 25 schools that engaged in movie piracy and Ohio University was number 18 on the list. (source: http://arstechnica.com/tech-policy/news/2007/04/mpaa-names-its-top-25-movie-piracy-schools.ars).

In response to the 2007 file sharing lawsuits, Ohio University has de-prioritized file sharing programs on their network, making it more difficult to illegally share copyrighted files. They have also implemented technology that detects copyrighted content and redirects students to a legitimate method to obtain the desired media.

But if you live off campus and use an outside internet service provider, you should be especially aware of these lawsuits and remember that you can be sanctioned by the university for violation of Policy 91.003 – Computer and Network Use. Specifically:

“Misuse of computing, networking, information, or World Wide Web resources may result in the loss of computing privileges. Additionally, misuse can be prosecuted under applicable statutes. Offenses that are in violation of local, state, or federal laws may be reported to the appropriate university and law enforcement authorities. Users may be held accountable for their conduct under any applicable university or campus policies, procedures, or collective bargaining agreements. Complaints alleging misuse of computer resources will be directed to those responsible for taking appropriate disciplinary action. Reproduction or distribution of copyrighted works, including, but not limited to, images, text, or software, without permission of the owner is an infringement of U.S. Copyright Law and is subject to civil damages and criminal penalties including fines and imprisonment. Violators will be subject to university rules and regulations.” (source: http://www.ohio.edu/oit/security/copyright/)

Although most students settled their music downloading cases to avoid a lawsuit, the settlement price was still high, much higher than if they would have just purchased the music in the first place. The moral of the story? Just buy the movie.

Heidi Sochia, Program Coordinator
Contributors: Patrick McGee, Managing Attorney

Five Tips for Staying Legal at a Fest

It is important to know how to stay safe and legal during fests and parties. Last year alone, 170 people were arrested at Palmer Fest and 5 people were taken to the hospital for “event related injuries”.  Fall semester fests are upon us and everyone wants to have a good time, but it’s important to know how to have fun and stay out of legal trouble. Here are 5 tips to stay legal at fest season.

1) Monitor your party

Hosting a party can be a great time, especially during fest season. But uninvited guests can turn a party into a sticky situation. Opening your party up to the public invites not only your friends and the attendees of the fest, but also undercover police officers. Make sure to check the IDs of your guests if you choose to have an open party. Wrist bands are an easy and inexpensive way to reduce the chances of being charged with furnishing alcohol to a minor.  Another way to help limit the guests is to post a sign signifying that the party is invited guests only. There are examples of these signs on our website in the Downloads section.

2) Keep the alcohol on private property

Numerous citations are made every year during fest season for having open containers of alcohol on public property. Fests take place on just one street and it is impossible for each party to contain the hundreds of people who attend the fest. Without the extra room, attendees spill out onto the streets and sidewalks to continue the partying. Having an open container on a public street or sidewalk is illegal and will not go unnoticed with the police that patrol the streets. Stay safe and stay off the streets and sidewalk with a drink in your hand. If you are of legal drinking age and you leave private property carrying a cup, you might want to empty it and carry it upside down. If you are underage, never carry a cup onto public property even if it is upside down or you aren’t drinking.

3) Know your limit

It’s always fun to drink out in the sun, but drinking in the heat can be dangerous. That cool one you just put down is actually dehydrating your body. You could experience heat exhaustion after drinking outside for hours, so be sure to drink plenty of water. Being drunk and dehydrated can cause you to pass out, which is not only bad for your body, it signals nearby law enforcement that you are publicly intoxicated, which is illegal. Even if you get sick and end up in the emergency room, the police will STILL cite you for public intoxication (and underage if you are under 21).  Know when to say enough is enough.

4) Don’t drink and drive

This may seem like a no brainer, but it can be tempting to drive instead of walk for the beer run when you “have only had a few”.  The legal limit of .08% blood alcohol content for legal adults can add up quickly.  Don’t let your party guests drive under the influence; you can be held civilly liable if something happens. See our party guide for more information.

5) Don’t  confess

You always have the right to remain silent. If you are approached by police, be polite and do not argue. Give them your name and address. You do not have to tell them anything else. They can and probably will arrest you anyway, but it is harder to be convicted if you don’t incriminate yourself.

The Center for Student Legal Services hopes that we can be your resource for any questions and concerns about legally and safely enjoying fest season. For more tips on fest and party safety, visit the Downloads section of our website.

Kari Nickell, CSLS Marketing Intern

Contributors:

Patrick McGee, Managing Attorney

Heidi Sochia, Program Coordinator

Five Misconceptions about The Center for Student Legal Services

The Center for Student Legal Services has been serving the students of Ohio University for fifteen years, but there are still many myths, misconceptions and incorrect information circulating about our organization. To help you gain a better understanding of our services, here are the top five misconceptions about The Center for Student Legal Services and the facts to set the record straight.

Misconception #1: The Center for Student Legal Services is staffed by law students, not attorneys.

FACT: The Center for Student Legal Services is staffed by two licensed, experienced attorneys. Your legal issue will always be handled by an attorney, not a student or legal assistant. Our Managing Attorney, Patrick McGee, has over 30 years of experience in law and has served the students of Ohio University for ten years. Melissa Greenlee, our Staff Attorney, has worked at Southeastern Ohio Legal Services, owned a private law practice and has many years experience in housing and civil law. She has been on our staff for almost two years. Read about our attorneys on the “Meet Our Staff” page!

Misconception #2:  The Center for Student Legal Services exists to help students who are “in trouble” with the law.

FACT: We provide all OHIO students with legal education, advice and representation. Most students who need us but didn’t pay the fee say they didn’t think they would need it because they don’t get in trouble. You don’t have to be “in trouble” to need us; our services are very valuable to all students! We review off campus housing leases, provide mediation, notary services, contract review and many other services that can be extremely helpful to college students. We even provide assistance for debt collection issues, internet fraud/scams, car repair problems, cell phone contracts and other civil issues that may arise during a student’s college career. Our attorneys provide court representation for misdemeanors and civil law cases in Athens County courts and they also provide valuable information, advice and referrals on most legal matters.

Misconception #3:  The Center for Student Legal Services is an Ohio University department and the $12.00 semester fee is a fee charged by the university.

FACT: The Center for Student Legal Services is a non-profit, independent law firm that works solely for the students of Ohio University. We are chartered by the OHIO Trustees and sponsored by Student Senate but we are not a university department. Ohio University works with us by offering the legal service fee on students’ tuition bill and then distributing the funds to our office. The $12.00 semester fee supports our organization entirely. The more students that pay the fee, the better our services can be for the students of Ohio University.

Misconception #4:  The $12.00 semester fee does not cover the cost of an attorney.

FACT: The $12.00 semester fee allows access to an attorney as well as all the other services we offer. You do not have to pay anything more to retain one of our attorneys and there is no limit on the number of times you can use our services during the semester. You may have to pay court costs and other court fees if you have a court case but we have no control over those fees.

Misconception #5:  If the $12.00 fee is waived, you can no longer receive assistance from us.

FACT: If you waive your fee, you can re-enroll during the first three weeks of classes. See the fee section for details on how to re-enroll. When you re-enroll, the legal service fee will be put back on your tuition bill and you are responsible for paying it. This is intended for students who waived the fee accidentally or changed their mind about being covered by our services. If you are re-enrolling because you have a legal problem, you will also have to pay a $25.00 consultation fee and attorney fees if an attorney has to work on your case. After the three week deadline has passed, students cannot re-enroll for our service but they can see an attorney for a consultation fee of $25.00 and may have to pay attorney fees. See our fee section for details.

We hope this answers some of the questions that students often have about our services. Feel free to contact us if you have other questions or would like to make an appointment.

Heidi Sochia, Program Coordinator

The Case Against Underage Drinking

One of the most frequent problems for which our students seek our assistance is a charge of underage drinking, which means possessing, consuming or being under the influence of alcohol under the age of 21. Before you make the choice engage in underage drinking, you should be informed of what can happen if you get caught. An underage drinking conviction costs not only time and money, repeat offenses can potentially threaten your future. Consider the following:

1) Possession/consumption of alcohol under the age of 21 is a first degree misdemeanor, for which the maximum sentence is a $1,000 fine and six months in jail. This sentence is rarely imposed, but the judge can decide to make an example of the offender.  Any of the three elements involved in underage drinking (possession, consumption, intoxication in a public place) alone or in any combination can lead to a citation, arrest and possible conviction.

2) First time underage drinkers are usually sentenced to the Diversion Program, which is a program that involves fines, fees, community service and other requirements to help offenders avoid a conviction. The cost in both time and money is high; twelve hours of community service plus approximately $104 in court costs, up to $250 in fines, $35 – $45 for an alcohol education class, and a fine of up to $200 from the Ohio University Office of Community Standards and Student Responsibility (Judiciaries). That’s a total of about $450 and 15 hours of your time. Are a few beers worth $500?

3) A second underage drinking conviction can result in higher fees and even jail time. The sentence is usually two days in jail or four days of house arrest.

4) Merely holding an alcoholic beverage while under the age of 21 is enough for the police to arrest and possibly convict you of underage alcohol possession.

5) Students often believe that the police have to give a test to determine intoxication, which is not the case. If the effects of alcohol are noticeable that is enough for a police officer to approach you and possibly cite or arrest you.

6) An underage OVI (operating a vehicle under the influence of alcohol and/or drugs) is also a misdemeanor in the first degree. For a first time offense the court costs are about $170 and fines are $250. The required driver’s training class is $100, the alcohol education class is $35-$45 and the fine from the Ohio University Office of Community Standards and Student Responsibility (Judiciaries) is up to $200. Your driver’s license will be suspended for 3-6 months and reinstatement costs up to $475. You will have increased car insurance which will cost hundreds over the years. An OVI cannot be expunged from your criminal record, so it can hurt your chances of finding future employment.

As a citizen of your city, state and country, you need to be aware of your legal rights and responsibilities, especially the right to avoid self incrimination. Download our flier, “Survival Tips for Court Street” to learn ways you can exercise your rights if approached by the police.

Having Drinks with Mom or Dad?

While some Ohio University students and their parent(s) eagerly await the opportunity to share the bonding ritual of having a few drinks together in a college bar, it is unfortunate that Mom’s and Dad’s Weekends are ruined for some families when the underage student is later arrested by the police for being under the influence of alcohol. Ultimately, this situation usually occurs when the parent has left the bar and/or gone home early and the student is no longer under “parental supervision”. There are three elements to the charge of underage drinking: possession, consumption and being under the influence in a public place. Any of these components by themselves or any combination thereof can result in a citation and/or arrest by the police. Even though Ohio law allows the student to avoid the consequences of being charged with underage possession or consumption of alcohol when the parent purchases the drinks, the student still faces the danger of being charged with “being under the influence” of alcohol in a public place when a parent is absent. Here is an example from a previous Dad’s weekend:

A student and her father were drinking together at one of the uptown bars. The student had consumed a “few” drinks, but she says she did not drink enough to be obviously impaired. The dad and daughter parted ways when he went home and the student and her friend walked to their residence hall. During their walk, the student allegedly made a rude gesture at a passing car, prompting a nearby police officer to approach and ask her if she had been drinking. The student admitted her age and that she had consumed alcohol with her father. She was cited with underage because she was believed to be intoxicated in a public place and not under the supervision of her parent.

Fortunately, the Athens City Prosecutors will usually dismiss such cases where it can be proven that the parent did purchase the alcohol and consume it with the student, but the student has to pay the court costs ($104.00) to have the case dismissed.

If you have been drinking with a parent and are later stopped by police after you’ve gone your separate ways, make it known to the police officer right away that your parent provided the alcohol.

In any other case, you must remember your legal rights when approached by the police. Under the Fifth Amendment, it is well within a citizen’s right to refuse to answer questions when approached by police. You can simply say, “My name is Jane Smith and I live at 123 Any Street (give your REAL name and address, of course!). I do not want to answer any more questions without my attorney present”. This can further protect you from being convicted if you are arrested. If you readily admit that you are under 21 and you have been drinking, it just gives the police more evidence to convict you. Not incriminating yourself can only help you in the long run. See our flier: “Survival Tips for Court Street” for additional practical advice.

Patrick McGee, Managing Attorney

Heidi Sochia, Program Coordinator

Social Host Liability

Spring is upon us at Ohio University and along with warmer weather and April showers comes May flowers and parties held by Ohio University students across campus and the City of Athens. You should be aware of the potential risks of being the host of the party.

Ohio law prohibits knowingly allowing a person under the age of 21 to drink alcohol in one’s home or apartment or providing an underage person with alcohol. This liability even extends to other accommodations, such as a hotel room, rented cabin or campground. Furthermore, the social host is also liable if he or she should have known the person was under 21. An individual found in violation of this law is guilty of a misdemeanor of the first degree, which may be punishable by a fine up to $1,000 and/or a jail sentence up to six months. A few questions to keep in mind: Are you going to make any effort to control who enters your party? Are non-alcoholic beverages available? Social hosts not only face the risk of criminal liability, but also civil liability if one of their guests becomes intoxicated at the party, leaves that party and gets involved in a drunk driving accident in which that person or another is injured or killed. You should take precautions to avoid this type of devastating incident, including taking the keys of guests, providing escorts home, and cutting off drinks to intoxicated guests.

You should also be aware of other risks associated with hosting a party, including keeping the noise level to a minimum in order to avoid violations of the local noise ordinance and keeping the alcohol on private property in order to avoid any violation of open container laws. If a large party is held, you need to make arrangements for an adequate number of restrooms for the number of guests. Finally, you should also be aware of your rights if the police do arrive at the property. Fliers on how to legally host a party can be found on our website in the downloads section.

Melissa Greenlee, Staff Attorney

Tags: alcohol, hosting a party, ohio university furnishing alcohol, social host liability, underage

Legal Consequences of Fake IDs

It is an undeniable fact that many college students either use or possess a fake ID while they are under the age of 21. It is also a tradition for real driver’s licenses to be “passed on” to underage siblings or friends with the admonition “don’t get caught.” Unfortunately, the consequences can be severe when one’s luck runs out.

The charge of possession or manufacture of a fake ID or the alteration of or use of someone else’s real ID is a first degree misdemeanor in violation of O.R.C. 4510.33, which can carry a fine of up to $1,000 or 12 months in jail. In addition, a license suspension of up to one year can be imposed by the Ohio Bureau of Motor Vehicles on a violator or the owner of the real driver’s license who provided it to the underage student.
The usual sentence in Athens, Ohio for a student who is not able to participate in the Municipal Court’s diversion program is a fine between $150 and $250, with court costs of $104 and up to 90 days jail time, suspended on the condition that the student remains law abiding for two years and possibly completes a number of hours of community service. If the student has already completed a diversion program or has any jail time already suspended over his/her head for a prior violation of law, the court is quite likely to impose between two and five days of actual jail time on the offender. While a fake ID charge is normally able to be sealed or expunged in a year, if the offender has a prior conviction other than a minor misdemeanor, clearing one’s record may be impossible.

Fortunately, for those students who have successfully completed the Court’s Diversion Program, the earlier charges will have resulted in a dismissal, which does not impact the effort to seal a subsequent conviction. Unfortunately, the court may treat a sole charge of “possession of false identification” as not eligible for the diversion program, thereby resulting in a conviction. In addition to the court consequences, a student possessing or using a fake ID would most likely be charged with a violation of the Ohio University Code of Student Conduct, resulting in sanctions such as probation, fines, and possibly suspension if it is in violation of an existing probation sentence.

Should you have the unfortunate experience of having a legal issue, The Center for Student Legal Services, which is a resource available to OU students who have not waived the quarterly fee on their tuition bill, provides legal representation in Athens Municipal Court matters. It is highly recommended that you not carry or use a fake ID. Be aware of the above consequences.

Patrick McGee, Managing Attorney

Tags: athens ohio fake id, ohio fake ids, ohio university fake id, student fake id