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I was recently in a dispute on my campus about keying a car.

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Hi, I was recently in...
Hi, I was recently in a dispute on my campus about keying a car. The campus police told me that if I come forward that it won't affect my record. I told them what happened, and now they're telling me they aren't sure if it will affect my record or not so I'm scared and trying to figure things out
Submitted: 2 years ago.Category: Education Law
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Answered in 22 minutes by:
9/18/2015
Education lawyer: Zoey, JD, Attorney replied 2 years ago
Zoey, JD
Zoey, JD, Attorney
Category: Education Law
Satisfied Customers: 28,090
Experience: Active member of the NYS bar since 1989
Verified

Hello,

When you ask about your record, are you talking about a possible criminal record, or is this just a campus matter?

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Customer reply replied 2 years ago
I'm hoping its kept off of both and that my punishment is to pay damages, but if not then i'm hoping it doesn't become criminal record
Education lawyer: Zoey, JD, Attorney replied 2 years ago

Did the campus police give you Miranda warnings before they asked you to make a statement about the car? Do you have an upcoming hearing on campus? Is the matter being turned over to the prosecutor? In what state is this? Finally, what's the question you wish to ask?

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Customer reply replied 2 years ago
No they did not give me Miranda warnings. They haven't said anything about a hearing. They told me detectives would be involved if I didn't come forward but I don't know if they already were. It's in California and my question was is there anything I can do to keep it off of either of my records preferably both (campus and criminal) but if not then at least my criminal one. I have job applications going out and I don't want it showing up and risking my chances
Education lawyer: Zoey, JD, Attorney replied 2 years ago

Thank you. This is more an education law question than a criminal question. I can answer the criminal piece but others can speak more authoratively than I on your rights under California's education statutes when it comes to due process on campus. I'm going to opt out of this and get this question moved to education law.

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Education lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Education Law
Satisfied Customers: 119,553
Experience: Attorney handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR.

First of all, do they have video of you doing this?

Second, do they have any witnesses that you did anything to the car?

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Customer reply replied 2 years ago
No and no, all they have is potential video of my leaving the parking lot. But I did tell them I did it and thats why i'm freaking out
Education lawyer: Law Educator, Esq., Attorney replied 2 years ago

Thank you for your reply.

In order to discipline you they need to prove that you actually keyed the car. They would need video of you at the car or a witness that puts you at the car. In order to charge you with a crime, they have to prove beyond a reasonable doubt that you did in fact key the car. Without witnesses or video, they are trying to scare you to admit to the act. If they have no witnesses, video or admissions from you, they have no legal case.

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Customer reply replied 2 years ago
I did admit to it though because they said before that they could keep it civil if i came forward early, but now they're saying that that they arent so sure about keeping it civil anymore
Education lawyer: Law Educator, Esq., Attorney replied 2 years ago

Thank you for your reply.

If you admitted to the offense, then legally they could use that admission to charge you and at this point you need to make no more statements about it and you need to get a criminal defense attorney immediately. This is your only remaining option based on your last statement.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 119,553
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Experience: Attorney handling education matters.

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