The excitement of sending your child off to college is often mixed with a natural degree of worry. For parents of students at Kean University, located in Union, NJ, that worry can quickly turn into panic if they receive a call about their child facing criminal charges.

Campus life, while transformative, sometimes presents situations that can lead to legal trouble. Whether it’s a party getting out of hand, a poor decision made under peer pressure, or simply being in the wrong place at the wrong time, a criminal charge can have profound and lasting consequences on a student’s academic career, future employment, and personal reputation.

As a criminal defense attorney serving Union County, I frequently represent people charged with crimes. This guide aims to provide parents with a clear understanding of what happens when a student at Kean University faces criminal charges and how to best protect their child’s future.

Common Criminal Charges Faced by College Students at Kean

Students, particularly those new to independent living, can find themselves facing a variety of charges:

• Underage Drinking ($N.J.S.A.\; 2C:33-15$): Despite being common, this is a serious offense in New Jersey, often leading to fines, a six-month driver’s license suspension (even if the student wasn’t driving), and mandatory alcohol education.

• Possession of a Fake ID ($N.J.S.A.\; 2C:21-2.1$ or $N.J.S.A.\; 2C:21-17.1$): Using a false government document is often a fourth-degree felony, carrying potential jail time and a permanent criminal record. Even possessing one can lead to charges.

• Minor Marijuana Possession (Disorderly Persons Offense): While marijuana laws have changed, unlawful possession can still lead to fines and other penalties.

• Disorderly Conduct ($N.J.S.A.\; 2C:33-2$): Often a catch-all for behavior like fighting, excessive noise, or creating a hazardous condition, especially prevalent at parties.

• Simple Assault ($N.J.S.A.\; 2C:12-1a$): Arising from fights or physical altercations, even minor contact can result in this charge.

• Shoplifting ($N.J.S.A.\; 2C:20-11$): Even small-value theft can lead to a criminal record.

The Critical Two-Track System: University Discipline vs. Criminal Court

One of the most confusing aspects for parents and students is understanding that a single incident can trigger two separate and independent processes:

1. Kean University’s Internal Disciplinary Process:

   • The university will conduct its own investigation into violations of the student code of conduct.

   • Sanctions can range from warnings, probation, fines, mandatory programs, suspension, or even expulsion.

   • These proceedings are administrative, not criminal, and have different rules and standards of evidence.

   • Crucially, resolving a case with the university DOES NOT make the criminal charges go away.

2. The New Jersey Criminal Justice System:

   • If the incident occurred on campus, campus police (a sworn law enforcement agency) or Union Township police will file criminal charges.

   • These cases are heard in either the Union Municipal Court (for disorderly persons offenses, traffic tickets, and DWIs) or the Union County Superior Court in Elizabeth (for more serious indictable crimes like felony fake ID charges).

   • A conviction here results in a criminal record and carries penalties like fines, probation, community service, and potential jail time.

It is absolutely vital to have an attorney who understands both tracks and can advise on how actions in one proceeding might impact the other. For instance, statements made during a university disciplinary hearing could potentially be used against a student in criminal court.

The Long-Term Consequences of a Criminal Record

A criminal conviction, even for a “minor” offense, can cast a long shadow over a student’s future:

• Employment: Many employers conduct background checks. A criminal record can be a significant barrier to internships and post-graduation job opportunities.

• Graduate School/Professional Licenses: Applications for law school, medical school, teaching, or other professional licenses often require disclosure of criminal history.

• Financial Aid: Certain drug convictions can lead to a loss of eligibility for federal student financial aid.

• Housing: A criminal record can affect a student’s ability to secure off-campus housing in the future.

How an Experienced Criminal Defense Attorney Can Help

When your child is facing charges, time is of the essence. An attorney can:

• Protect Rights: Ensure police and university officials respect your child’s constitutional rights.

• Negotiate with Prosecutors: Work to get charges downgraded, dismissed, or secure entry into diversionary programs like Conditional Dismissal or Pre-Trial Intervention (PTI) for eligible first-time offenders, which can lead to charges being dropped without a conviction.

• Represent in Court: Appear in Union Municipal Court or Union County Superior Court to advocate on your child’s behalf.

• Advise on University Discipline: Help strategically navigate university hearings, understanding how they intersect with criminal proceedings.

• Seek Expungement: If a conviction cannot be avoided, an attorney can advise on the process of expungement to clear the record once eligible.

Frequently Asked Questions for Parents

1. Should my child speak to the police or university officials without a lawyer? No. It is almost always advisable for your child to exercise their right to remain silent and request an attorney. Any statements made can be used against them in both criminal and university proceedings.

2. Can a criminal charge affect my child’s financial aid? Yes, certain drug-related convictions can lead to the loss of federal student financial aid eligibility. It’s crucial to address these charges proactively.

3. What is a “Conditional Dismissal” and can my child get one? Conditional Dismissal is a New Jersey diversionary program for first-time offenders facing certain disorderly persons (misdemeanor-level) charges in Municipal Court. If successfully completed, the charges are dismissed without a conviction. Eligibility depends on the specific charge and criminal history. Your attorney can apply for this.

4. Will the university automatically know about the criminal charges? If campus police are involved, or if local police make an arrest on campus, the university will likely be informed. Even if arrested off-campus, most universities require students to report criminal charges, and failure to do so can lead to disciplinary action.

5. What is the difference between Union Municipal Court and Union County Superior Court? Union Municipal Court handles minor offenses (disorderly persons offenses, traffic tickets, DWIs) that occurred within the Township of Union. Union County Superior Court in Elizabeth handles all serious indictable crimes (felonies) that occur anywhere in Union County, including the Township of Union.

Protect Your Child’s Future

A criminal charge at college can be a frightening setback, but it doesn’t have to define your child’s entire future. Proactive and skilled legal intervention can make all the difference.

If your child attending Kean University is facing criminal charges, do not hesitate. Contact Brett M. Rosen, Esq. today for a confidential consultation. We are here to guide you through this challenging time and fight to protect their academic and professional future.

908-312-0368

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Reading this information does not create an attorney-client relationship. Every case is unique, and you should consult with a qualified attorney for advice regarding your individual situation. This may be considered Attorney Advertising.