In addition to advising businesses on partnership and corporate
law issues, he has an expertise in real estate, construction law and
stockholder disputes.
92 State Street
Boston, Massachusetts 02109
617.723.7700 Phone
617.227.0313 Fax
jrudolph@rflawyers.com
www.rflawyers.com
attorneys we are often asked to advise a
parent on a college student in trouble.
Whether a child is a freshman going
away to college for the first time, a senior
returning for their last respite from the
real world, or somewhere in between, each
semester comes with its own bumps in the
road and potential pitfalls. Here are some
of the legal issues to be aware of:
underage drinking is almost always
an arrestable offense and will likely
be punished by the school as well.
For students who are 21 and over,
Massachusetts and many other states
have very strict open-container and
public intoxication laws which students
often violate. Many schools also have
severe consequences for keeping alcohol
in dorms, underage drinking or binge
drinking, so students should be familiar
with their student handbook and know
whether campus safety officers need
It goes without saying that no student
should ever drink and drive, but if your
child's had a drink and is pulled over, it's
best not to submit to a breathalyzer test.
Most states will automatically suspend
their license for a period of months for
the refusal, but it becomes much more
difficult for the State to prove its case at
trial.
social host liability, both criminally and
civilly. Criminally, a host can be charged
for throwing a party where an underage
individual is served or allowed to possess
alcohol. Civilly, a host can be liable for
damages caused by a person they've
provided alcohol to after they leave
the party. So if you're hosting a party,
you must make sure not only that you
keep the noise down, but that there's no
underage drinking occurring, and that if
you're providing the alcohol, no one is
over-served.
utilized fake indentifications, but
they've never been as legally dangerous
as they are today. While using someone
else's real identification may only
be a misdemeanor, it may also be
punishable under laws applied to
identity theft. Conversely, using a fake
ID with a picture of yourself is more
often going to be a felony offense.
Most serious of all is making fake IDs,
punishable by harsh laws directed
at preventing identity theft, illegal
immigration and terrorism.
or other campus event you see the
tables handing out cheap school-
branded swag in exchange for credit
card applications. Credit markets have
tightened, but it's still dangerously
easy for students to get credit and wind
up under a mountain of debt. That
debt can follow them for years, as can
any consequences of late or missed
payments.
alike are rightly recognizing much of
what were once considered pranks
(for example, taking items from a
and their Parents