Criminal Law

You and the Criminal Law:
Top Ten Things to Think About 
as an IU Student

Criminal Law IMPORTANT - These documents are provided as an informational resource regarding the laws of Monroe County, Indiana. If you are accessing these documents from a place other than Monroe County, this information should be used only as the most general of references as the laws in your area may vary greatly from Monroe County.

As always, this reference is not meant as a substitute for advice given from a licensed attorney.

1. Why Drive When You Can Walk?

You may think that if you have been out drinking at a bar or party, the responsible thing to do is to walk home, rather than drive. It's hard to argue with that. After all, if you drive while intoxicated, not only are you endangering yourself plus other lives, but you could face criminal charges that carry with them jail time, large fines, and the loss of your license. However, it's important to remember that even walking home after drinking can be risky. In Indiana, it's against the law to be intoxicated in a public place. The local police are on the lookout for groups of students walking around late at night. If you are stopped by a police officer while walking home and the officer determines that you are intoxicated, whether by performing a breathalyzer test, or a simple field sobriety test, you could be charged with the crime of public intoxication. It's even more serious if you're not 21 and you're stopped by the police on your way home after drinking. See 2, below.

2. Even a Drop is Too Much

The legal drinking age in Indiana is 21. If you haven't celebrated your 21st birthday and you drink alcohol, you are breaking the law. While this particular offense may be fairly common, it's important to know that the police do enforce this law. You don't have to be drunk to be charged with the crime of underage consumption. So, if you're 20 years old and have just a couple of sips of beer at your friend's party and the party is busted, you will probably be charged with underage consumption.

3. Sometimes Doing a Friend a Favor Doesn't Pay

We see it all the time. You are 20, and your roommates who are 21 are having a party. They have been drinking, but you haven't because you know that "even a drop is too much." Your friends run out of beer and one of them asks you to give them a ride to the liquor store to re-supply. Sure, no problem. Except that it is a problem. The excise police stake out liquor stores. They will stop you and your friends if they see that only one of you went into the store while the others stayed in the car. Your driver's license may be suspended and you can all be charged, criminally, for transporting alcohol in a car driven by a minor. It doesn't have to be your car, and the alcohol doesn't have to be open.

4. Don't Be a Nuisance

If you are hanging out with your friends while they are using illegal drugs, even if you aren't using them, you can be charged with visiting a common nuisance, a Class B misdemeanor. It's even more serious if people are using drugs in your place. Again, even if you aren't using drugs, but people in your place are, you can be charged with maintaining a common nuisance, a Class D felony.

5. Fake ID's

If you try to use a false ID to buy alcohol at a bar or liquor store, you can be charged with false statement of age. Even if aren't trying to buy alcohol, but simply have a false ID in your possession, you can still be charged with a crime. The sentence for possession or use of a false ID will likely be fines and probation, although jail time is a possibility. Perhaps worst of all, your driver's license will be suspended for up to one year! If you are 21 and either manufacture a fake ID for, or let a younger friend borrow your license to buy alcohol, you can be charged with a Class C misdemeanor

6. You Really Do Have the Right to Remain Silent

If you are being arrested, nothing you can say to the police will change their minds. In fact, you're likely to make things worse by talking to the police. You have a constitutional right to remain silent, and your silence does not imply guilt. You also have the right to an attorney. Break your silence just long enough to let the police officer know that you want the assistance of an attorney and from that point forward, the police cannot ask you any questions until you have an attorney present, unless you initiate the conversation. Play it safe! Do not sign or say anything until you speak with an attorney. Stay calm, and whatever you do, don't say or do anything that could be interpreted as resisting arrest. This could lead to additional, very serious charges being brought against you.

7. Consent and Sensibility

Generally, the police must have a warrant before they can conduct a search, unless you consent to the search. If you give consent to a search, either through words or actions that imply consent, a search that might otherwise be illegal will likely become legal. Consenting to a search can be very risky and, in giving your consent, you are giving up a valuable right. If you believe that you are being searched illegally, look for witnesses and tell the police, clearly, that you are not consenting to the search.

8. Crime and Punishment

Offenses are classified according to seriousness. Infractions (such as possession of a fake ID and 
most traffic offenses) are considered the least serious, followed by misdemeanors (such as public intoxication and underage consumption), and felonies (the most serious crimes, such as rape, murder and some DWI's). If you are charged with a misdemeanor or felony, you will be required to appear for an initial hearing at which you will enter a plea. Even if you know you are guilty of the offense charged, it's almost always a good idea to plead "not guilty" at the initial hearing to give yourself, and your lawyer, a chance to work out a deal with the prosecutor. Your plea of Not Guilty can always be changed later. You must appear for all scheduled court dates! Failure to appear for a court date in a criminal case will likely result in additional criminal charges being entered against you, thus making a bad situation even worse.

9. You May Have Some Alternatives

If you are a first time misdemeanor offender, depending upon the nature of the charge, you may be eligible for certain alternative sentencing options such as the Defendant Accountability Program (DAP). DAP is most commonly designed to keep first time misdemeanor offenders out of the court system. To complete DAP, you will have to pay certain fees, maybe take a class depending upon the type of offense, do some community service, and commit no new offenses within one year, after which the charges will be dismissed. If you do not successfully complete DAP, your DAP privileges will be revoked and you will be brought back into the court system for the process to start all over again. Another important alternative is Infraction Diversion Program. The Infraction Diversion Program is important because it permits you to keep a driving offense off your record.

10. Your Record, Your Future

Most career paths these days involve some type of disclosure of your criminal record somewhere along the way. Any kind of criminal record, even if it's only a misdemeanor charge for underage consumption, can have a negative impact on your future plans. Criminal records can rarely be expunged, but even expungement doesn't completely wipe the slate clean. If someone really wants to know what has been on your record, they can find out, even after an expungement. Criminal charges can also result in disciplinary action from the university if the crime you are charged with constitutes a violation of the IU Code of Conduct. So, if you have been charged with a crime, it's a big deal. Come into Student Legal Services. While we can't represent you in court in criminal matters, we will give you general advice on what your options may be and, if necessary, can refer you to local attorneys who can help you maneuver your way through the process.

Some phone numbers that might come in handy:

Monroe County Public Defender 349-2590
Defendant Diversion Program 349-2823
Infraction Diversion Program 349-2685
Monroe County Prosecutor 349-2670
Monroe County Clerk 349-2600
Bloomington Police Department 349-4477
IU Police Department 855-4111
IU Student Ethics 855-5419
IU Student Advocates 855-0761

A Special Note About Little 500 Weekend

The local Court system has devised a special process to deal with people charged with alcohol offenses over the weekend of Little Five Hundred. Here's how it will work:

1. If you are cited over the weekend of Little Five for an alcohol offense, you will be ordered to appear for an initial hearing on Sunday at 8:00 a.m.
2. At the initial hearing, you will be given the information on the charge(s) against you, and at that time will be informed of whether you are being offered the option of DAP (SEE #9 ABOVE FOR AN EXPLANATION OF WHAT DAP IS).
3. If you are offered DAP, and decide to take it, you will be required to pay a flat fine. The fine must be paid in cash, or by money order. No personal checks, credit cards, or debit cards will be accepted.
4. In addition to paying the fine, you will be required to complete road crew Sunday morning and will attend an alcohol class during the afternoon.
5. If you complete the road crew and attend the class on Sunday, you will not be required to complete any additional community service, or attend any other classes during the DAP period. (NOTE: As explained in #9, above, in order to successfully complete DAP, you must not be charged with any other offenses for a period of one year. This requirement will still be in place, even though you will be satisfying the community service and class attendance requirements.)
6. If you aren't offered DAP, or decide not to accept it, you will have to attend the initial hearing and enter a plea of either guilty or not guilty. (NOTE: As explained in #8, above, even if you know that you are guilty of the charge, it is almost always a good idea to plead "not guilty" at the initial hearing to give yourself, and your lawyer, a chance to work out a deal with the prosecutor.)