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After Arrest: The charges you could face

 

With events such as the Halloween block party and spring fests, Ohio University students often are arrested for charges stemming from drinking and partying.

Most charges related to these events are first-degree misdemeanors, and the most common charges among students are underage consumption, false identification, disorderly conduct, public intoxication, possession of drugs, noise violations and open-container violations.

UNDERAGE CONSUMPTION

Anyone under of the age of 21 can be arrested for knowingly ordering, paying for, sharing, attempting to buy, possessing or consuming beer or intoxicating liquor in any public or private place, according to the Ohio Revised Code.

Underage consumption is a first-degree misdemeanor, which carries a maximum sentence of 180 days in jail and a $1,000 fine.

FALSE IDENTIFICATION

Anyone in possession of a fake driver’s license or other fake identification can be arrested and charged with false identification. False identification is a first-degree misdemeanor and carries a maximum sentence of 180 days in jail and a $1,000 fine, according to the Ohio Revised Code.

Students caught buying or selling fake IDs can be charged with forgery, which carries the same maximum sentence.

DISORDERLY CONDUCT

The disorderly conduct law in Ohio states that no person shall recklessly cause inconvenience, annoyance or alarm to another by fighting, threatening, making unreasonable noise or making insults, according to the Ohio Revised Code.

Disorderly conduct is a minor misdemeanor, which carries a maximum fine of $100.

PUBLIC INTOXICATION

If someone commits disorderly conduct while intoxicated, he or she can be charged with public intoxication.

Public intoxication is a first-degree misdemeanor and carries a maximum sentence of 180 days in jail and a maximum fine of $1,000.

POSSESSION OF DRUGS

During big events, students have a higher risk of being charged with possession of controlled substances or drugs. This can happen when a student is caught with marijuana, prescription pills not prescribed to them or any harder drugs. The severity of the sentence depends on what the student is caught with.

Possession of a controlled substance is a felony. Depending on what a student is caught with and how much, the felony can range in varying degrees.

NOISE CITATION

In the city of Athens, there is a strict noise ordinance. At any time after 10 p.m. on weeknights and 12 a.m. on weekends, any party may be shut down by police for excessive noise.

Excessive noise is determined by the police. If cited for a noise violation, a student is charged with a minor misdemeanor and given a fine and possible community service.

OPEN-CONTAINER VIOLATION

Many students arrested at spring festivals and other big weekends at OU originally are cited for an open container violation, which often precedes underage consumption charges. It is illegal to carry open containers of alcohol on sidewalks and streets that are public property. Doing so is a misdemeanor and will result in a fine.

ATHENS COUNTY MUNICIPAL COURT’S UNDERAGE DRINKING DIVERSION PROGRAM

First-time offenders charged with underage consumption, underage possession, false identification, open container violation or public intoxication have the option of going through a diversion program instead of being given a fine or jail time.

Students in the program must attend a three hour-long drinkers counseling program, complete 12 hours of community service in Athens County, be a law-abiding citizen for 90 days after the program and pay a $234 fine to complete the program. If a person completes the program, he will avoid criminal conviction, and the charges will be expunged.

LEGAL OPTIONS

If a student does not have legal representation and cannot afford a lawyer, he can file for a public defender to represent him in court.

Students also have the option of a free lawyer through the Center for Student Legal Services for a small fee each quarter.

ml147009@ohiou.edu

r181308@ohiou.edu

@ThePostCity

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