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Thelawman2
Thelawman2, Lawyer
Category: Criminal Law
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Experience:  Attorney-at-Law
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My friends and I were stopped by police because the place we

Resolved Question:

My friends and I were stopped by police because the place we were sitting in smelled like marijuana. We were searched. and they found nothing. They ran our IDs, and let us go. The problem is, we were on a college campus, and so we have to meet with a type of "court", which is just a person, whom I *think* is meeting with each of us individually. I am not sure if this person is with the school or the city. I and all but one of us said nothing. The problem is that this one person made up a BS story about why it smelled like marijuana. I am worried that in this court, this person will try to verify his story with the rest of us. Can/should I just deny having smoked, and refuse to say anything else? Can they have me drug tested?

Submitted: 10 months ago via Cornell Legal Info Institute.
Category: Criminal Law
Expert:  Thelawman2 replied 10 months ago.

Thelawman2 :

If it is a meeting with someone on a college campus, then if you are not enrolled as a student, then you do not have to answer any questions. If you are a member of the college, then while you do not HAVE to answer questions, there might be rules which would punish you for failing to go to this "court"

Thelawman2 :

It does not sound like an official state court, which means they really have no legal authority.

Thelawman2 :

They also would not be able to force you to do a drug test.

Thelawman2 :

If it was a real court (with actual authority), you would have received a summons to appear before the court on the certain date (it would have been official documents signed by a court official).

Customer:

I am enrolled as a student, so if I do attend, to avoid any such punishment, and still just deny everything, and refuse to comment on the story, I should be okay?

Customer:

I also did not sign anything, or agree to appear in front of a court.

Thelawman2 :

It depends on what kind of evidence the college has. If it is just your word against the other person's, then it doesn't seem like there is enough evidence to do anything. What you should do is review your college's policies and procedures to see what they are allowed to and not allowed to do.

Thelawman2 :

However, the punishment would not be a criminal prosecution, it would be some sort of student disciplinary action, like putting you on probation.

Customer:

All the evidence they have is that we were sitting in an area that smelled, which they used as probable cause to search us. They found nothing on any of us.

Thelawman2 :

Usually, the school has a policy and procedure to describe what happens to students when they violate the college's drug policies. That would at least tell you the worst thing that would happen.

Thelawman2 :

Then it does not sound like they have any evidence.

Thelawman2 :

If the other person is telling some sort of story, and there is no evidence to support it, then there shouldn't be any issues

Customer:

Thank you so very much for your time and advice. I will be seeking out information on my schools drug policy.

Thelawman2 :

You are welcome, please provide positive feedback

Customer:

I will, any last things before I go?

Thelawman2 :

No, that is all.

Customer:

Awesome! Have a wonderful day!

Thelawman2 :

Thank you for letting me help. Feel free to send me messages in the future if you want any further help

Customer:

I will be sure to!

Thelawman2, Lawyer
Category: Criminal Law
Satisfied Customers: 721
Experience: Attorney-at-Law
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