How to Fight Drug Charges in a College Setting: What Students Need to Know

Life on campus comes with new experiences and social interactions for many college students. However, if a student is arrested for drug possession, distribution, or other drug-related offenses, the consequences can be severe and long-lasting. A drug charge can impact academic standing, financial aid eligibility, future job prospects, and even housing options.

If you or your child is a college student facing drug charges in New York, it is critical to understand the legal process and the best defense strategies.

Here, our O’Brien & Eggleston Albany criminal defense attorneys explain.

Common Drug Charges College Students Face in New York

In a college setting, drug-related arrests often stem from:

• Possession of a controlled substance, such as marijuana, cocaine, ecstasy, or prescription drugs without a valid prescription.
• Possession with intent to distribute includes having a quantity of drugs large enough to suggest distribution.
• Drug paraphernalia possession, such as pipes, scales, or baggies commonly used for drug use or sales.
• Driving under the influence of drugs (DUID).
• Prescription drug fraud, such as sharing or selling Adderall, Xanax, or other medications.

Under New York’s drug laws, penalties depend on the type and quantity of drugs involved, as well as whether the charges involve distribution or simple possession. Even small amounts of a controlled substance can lead to misdemeanor or felony charges.

What Happens After a College Student Is Arrested for a Drug Crime?

Being arrested for a drug-related offense as a college student is a terrifying experience that can have serious consequences beyond the criminal charges. In addition to facing possible jail time, fines, and a permanent record, students may also be at risk of suspension or expulsion from school, loss of financial aid, and damage to their future career prospects. The uncertainty of what comes next can be overwhelming, but understanding the legal process and potential outcomes can help you take the proper steps to protect your rights and future.

Here’s what to expect after an arrest and how to navigate the legal and disciplinary proceedings that follow:

• Processed and booked – Law enforcement will collect personal information, take fingerprints, and formally file charges.
• Scheduled for an arraignment –The student will be set a court date to enter a guilty or not guilty plea.
• Referred to student conduct proceedings – Colleges often have disciplinary hearings separate from criminal cases, which can lead to suspension or expulsion.

A conviction is not the only outcome. With the right defense strategy, charges can be reduced, dismissed, or resolved through alternative sentencing programs.

How to Fight Drug Charges as a College Student

Facing drug charges as a college student can be overwhelming, but a charge does not automatically mean a conviction. Several legal defenses and options are available to fight the charges, protect your record, and minimize the impact on your future. Whether challenging the evidence, negotiating reduced charges, or exploring diversion programs, having the right defense strategy is crucial.

Here’s how you can fight drug charges and protect your rights:

• Challenge the Legality of the Search and Seizure

Police often conduct searches in dorm rooms, vehicles, or backpacks to find evidence of drugs. However, the evidence may be inadmissible in court if the search was conducted without a warrant, consent, or probable cause.

• Dispute Possession Claims

Just because drugs were found in a shared dorm room, apartment, or vehicle does not mean they belonged to you. Prosecutors must prove possession beyond a reasonable doubt, and a strong defense can challenge this assumption.

• Explore Alternative Sentencing Options

New York offers diversion programs, rehabilitation options, and conditional discharge agreements for first-time offenders, which may help students avoid jail time and a permanent criminal record.

• Negotiate a Plea Bargain or Reduced Charges

An experienced criminal defense attorney may be able to negotiate with the prosecution to reduce felony charges to misdemeanors or enter a pretrial intervention program that prevents a conviction.

Why You Need an Experienced Albany Criminal Defense Attorney

College students facing drug charges need skilled legal representation to protect their future. At O’Brien & Eggleston, we understand students’ unique challenges when dealing with the criminal justice system and college disciplinary proceedings.

Contact O’Brien & Eggleston at (518)-391-2369 or online today for a free consultation. Our experienced Albany County criminal defense lawyers will fight to protect your rights and your future.