When you are facing allegations of misconduct or criminal charges on a school campus, a Fort Pierce student defense lawyer can protect your chances of getting the charges or accusations dismissed. At the Law Offices of Robert David Malove, our local defense attorneys know how to defend your constitutional rights during school disciplinary hearings so your focus can remain on your education.
Preponderance of the Evidence on Campus
College disciplinary hearings are not structured like typical courtroom proceedings. Schools operate under their own private sets of rules called codes of conduct. In a court of law, the prosecution has to prove you are guilty beyond a reasonable doubt. In a college hearing, the school usually only uses a “preponderance of the evidence” standard in accordance with Florida Board of Governors Regulation 6.0105. In other words, if the school determines there is a 51 percent chance you did something wrong, you risk losing your scholarship and the opportunity to stay in school.
You may even be facing criminal charges if your conduct broke the law. Under Florida Statutes § 1006.60, colleges have the power to punish students for things that happen both on and off campus. A student defense lawyer familiar with the legal landscape of Fort Pierce understands how to navigate specific school policies and identity situations where your college may not be following its own handbook.
Saying the Wrong Thing Could Harm Your Future
During a proceeding, the biggest mistake you can make is trying to be helpful. If you are facing a criminal investigation at the same time as your school hearing, the administration can report anything you say on campus to the police. A student defense attorney with a deep understanding of how the Fifth Amendment applies to your situation can shield you from saying the wrong thing so that your school hearing does not become a confession for the State Attorney’s Office.
How Can a Student Defense Lawyer Help You?
A Fort Pierce student defense lawyer can salvage your future by gathering compelling evidence such as security footage and phone records, requesting an injunction to stop a hearing if a school is violating your constitutional rights, and negotiating a deal to keep an incident of misconduct from appearing on your permanent record. Although they have their own set of rules, public institutions in Florida must honor your right to due process by giving you fair notice of what you are accused of and a proper chance to defend yourself.
If your school tries to hide evidence or refuses to let you call witnesses, your attorney can file an injunction in court to stop a hearing. If you are facing suspension or expulsion on your permanent record, your legal counsel can negotiate a lesser punishment to safeguard your prospects of future employment. A student defense lawyer’s ultimate goal is to make sure you can actually use the degree you are working hard to earn.
Call a Fort Pierce Student Defense Attorney Today to Protect Your Future
The campus you called home before an allegation of misconduct might no longer feel welcoming. You spent years of your life dreaming of your college experience and invested thousands of dollars toward earning your degree. Do not let your journey end here.
The school has its own lawyers whose job is to protect the institution, not you. If you go into a hearing alone, you are outnumbered and outmatched. Hiring a Fort Pierce student defense lawyer can help you take back control of your future. Call the Law Offices of Robert David Malove today for your free, confidential consultation.