What Should North Carolina College Students Know If They’re Facing Criminal Charges?

College should be a time of learning, growth, and new experiences. But sometimes, a mistake, a misunderstanding, or being in the wrong place at the wrong time can lead to criminal charges. For students at universities in Greensboro, Winston-Salem, High Point, Burlington, Elon, Chapel Hill, Raleigh, Durham, or any campus across North Carolina, facing arrest can be incredibly scary. It’s not just about potential fines or court dates; it’s about your education, your reputation, and your entire future.

A criminal charge can trigger two separate problems:

1. The Criminal Justice System: You face prosecution in North Carolina state (or potentially federal) court, with possibilities of jail time, fines, and a permanent criminal record.
2. The University Disciplinary System: Most colleges and universities have their own Code of Student Conduct. A criminal charge, even if it happens off-campus, almost always triggers a separate investigation by the school, which can lead to suspension or even permanent expulsion, regardless of what happens in criminal court.

Here at Huggins Law Firm, our team understands the unique pressures and high stakes involved when a college student faces criminal accusations. We handle Criminal Law cases throughout the Piedmont Triad and are familiar with the challenges students face. We know that protecting your academic standing is just as important as fighting the criminal charge. Our goal is to provide a strong defense in both arenas.

This page focuses on issues specific to college students charged with crimes in North Carolina. For details on other specific offenses, see our main guide: Understanding Serious Motor Vehicle Crimes (Beyond DWI) in North Carolina or Understanding Offenses Against Justice & Public Order in North Carolina.

How Can a Criminal Charge Affect a Student’s College Career in NC?

The consequences of a criminal charge extend far beyond the courthouse for college students. Universities take allegations of misconduct very seriously, and their disciplinary processes operate independently from the criminal justice system.

Potential University Sanctions: Based on the university’s Code of Conduct (you can usually find this on your school’s website – e.g., search “[University Name] Code of Conduct”), potential sanctions can include:

• Warning: A formal notice that conduct was unacceptable.
• Probation: A period of observation where further violations can lead to suspension.
• Loss of Privileges: Banned from campus housing, athletics, or extracurriculars.
• Suspension: Forced temporary removal from the university for one or more semesters.
• Expulsion: Permanent dismissal from the university.
• Transcript Notations: Some serious violations can result in a permanent notation on your academic transcript.

Key Point: You can be found “responsible” by the university’s disciplinary board and face sanctions like suspension even if your criminal charges are later dismissed or you are found not guilty in court! The standard of proof is often lower in university hearings (usually “preponderance of the evidence” – more likely than not) than in criminal court (“beyond a reasonable doubt”).

Other Potential Impacts:

• Loss of scholarships or financial aid.
• Difficulty transferring to other universities.
• Problems getting admitted to graduate school or professional programs (law, medicine).
• Negative impact on future job prospects, especially those requiring background checks or professional licenses.

Finding the best way to handle both the criminal charge and the university proceeding simultaneously is critical.

What Are Common Criminal Charges Faced by College Students in North Carolina?

While students can face any type of criminal charge, some are more common in the campus environment or among young adults:

• Underage Drinking Offenses:
  • Underage Possession/Consumption of Alcohol: Illegal for anyone under 21 (NCGS § 18B-302).
  • Using a Fake ID: To buy alcohol or get into bars (NCGS § 18B-302(e), also potentially Forgery/Uttering).
  • Providing Alcohol to Minors: Giving alcohol to someone under 21 (NCGS § 18B-302(a)).
• Drug Offenses:
  • Possession of Marijuana or Paraphernalia: Even small amounts are still criminal in NC (NCGS § 90-95). Possession on campus can lead to swift university action.
  • Possession of Other Controlled Substances: Including prescription drugs without a valid prescription (like ADHD meds, painkillers).
  • Possession with Intent to Sell/Deliver (PWISD): Even sharing drugs with friends can sometimes lead to this more serious charge.
• Disorderly Conduct / Public Disturbance: Often related to parties, loud arguments, or public intoxication (NCGS § 14-288.4).
• Assault / Affray: Fights, often fueled by alcohol, occurring at parties, bars, or dorms.
• Larceny / Shoplifting: Taking items from stores or even things like unattended laptops on campus.
• Trespassing: Being in unauthorized areas on campus or refusing to leave a party or event when asked.
• Cybercrimes: Misusing university computer systems, harassment via social media, etc.
• Academic Dishonesty Related Crimes: In rare cases, severe cheating or plagiarism might involve criminal charges like forgery if documents were falsified.

A Less-Known Statistic – Campus Crime Reporting: Universities receiving federal funding are required by the Clery Act to collect and publish statistics about crimes occurring on or near their campuses. You can often find these Annual Security Reports on a university’s police or safety department website (Example: General Clery Act Info from Dept. of Education). While these stats cover reported incidents (not necessarily convictions), they can give a picture of common safety concerns on a specific campus and highlight the types of offenses frequently encountered by students. They also underscore the university’s obligation to address these issues through their disciplinary process.

How Does the University Disciplinary Process Work Alongside Criminal Court?

These are two separate tracks, often running at the same time, which can be confusing and stressful.

• Criminal Court: Deals with the alleged violation of state (or federal) law. Handled by police, prosecutors, judges. Focus is on guilt/innocence beyond a reasonable doubt. Penalties include fines, jail, probation, criminal record. You have constitutional rights like the right to remain silent and the right to a lawyer.
• University Disciplinary Process: Deals with the alleged violation of the school’s Code of Student Conduct. Handled by university administrators (like the Dean of Students office) and disciplinary boards (sometimes including students and faculty). Focus is on whether it’s “more likely than not” the student violated a policy. Sanctions range from warnings to expulsion. The process often has fewer procedural protections than criminal court (e.g., rules of evidence may not apply, right to cross-examine might be limited).

The Dilemma: Statements you make during the university investigation or hearing could potentially be used against you in your criminal case. This creates a difficult situation where you need to defend yourself with the school but also protect your rights in criminal court. This is a major reason why having a lawyer involved early is so important. Your lawyer can advise you on how to navigate both processes simultaneously, protecting your rights in each. They can sometimes coordinate with the university to try and delay the disciplinary hearing until the criminal case is resolved, or help prepare you for the hearing in a way that minimizes risk to your criminal case.

Why Do College Students Need a Lawyer Experienced in Both Areas?

Handling a college student’s criminal case requires more than just standard criminal defense. You need a lawyer who understands the potential collateral consequences related to your education and future. An experienced lawyer, particularly one familiar with the local universities near Greensboro, Winston-Salem, Elon, or Chapel Hill, can:

• Understand Both Systems: Advise you on the interplay between the criminal charges and the university’s disciplinary process.
• Communicate with the University: Act as your representative when dealing with the Dean of Students office or other administrators, ensuring your side of the story is presented effectively while protecting your criminal case rights.
• Defend Vigorously in Criminal Court: Fight the underlying criminal charges, aiming for a dismissal, acquittal, or reduction that minimizes the impact on your record and potentially helps with the university proceeding.
• Advise on Statements: Help you decide what, if anything, to say during the university investigation or hearing, considering the potential impact on both cases.
• Negotiate Holistically: When negotiating with prosecutors, consider plea options that might have less severe consequences for your academic status or future professional licensing.
• Represent You at University Hearings (If Allowed): While rules vary, some universities allow lawyers to attend or advise during disciplinary hearings. Having counsel present can be invaluable.
• Focus on Protecting Your Future: Prioritize outcomes that minimize long-term damage to your educational and career goals – aiming for the best result overall, not just in criminal court.

The team at Huggins Law Firm understands these dual challenges. We provide comprehensive Criminal Law defense specifically tailored to the needs of students facing charges “near me” in the Piedmont Triad and surrounding university communities.

Key Takeaways for NC College Students Facing Criminal Charges

• Criminal charges can trigger separate university disciplinary action (suspension, expulsion) even if criminal charges are dropped.
• University hearings often have a lower standard of proof than criminal court.
• Common charges include underage drinking, drug possession, assault, and disorderly conduct.
• Statements made to the university can potentially be used against you in criminal court.
• A conviction (even misdemeanor) can impact financial aid, graduate school, jobs, and professional licenses.
• You need a lawyer who understands both the criminal justice system AND the university disciplinary process.
• Do not talk to campus police or administrators about the incident without first consulting a lawyer.
• Act quickly to get experienced legal help to protect your education and future.

Don’t let a criminal charge derail your education and future. If you are a college student facing accusations in Greensboro, Winston-Salem, High Point, Burlington, Elon, or nearby campuses, the Huggins Law Firm is here to help. Our experienced Criminal Law team understands the unique challenges students face in both court and campus proceedings. Contact us today for a confidential consultation.