College Student Defense Lawyers in Charleston, SC

College Student Defense Attorneys in Charleston

There are a number of colleges and universities located in the Charleston, South Carolina area such as the College of Charleston where Stephan Futeral and Thomas Nelson were students. Our college student defense lawyers understand what it is like for a parent to have a child away from home. We also know that a criminal conviction while in college can affect your child’s career as a student and have a major impact on a student’s future. For example, a criminal record can damage your child’s chances of being accepted into graduate school and getting a good job. With our experience, we can defend your child and help your child avoid the ramifications of a conviction.

How a Criminal Charge Can Affect a College Student

A criminal charge can affect a student long after the court case ends. A conviction becomes part of the student’s criminal history and may appear on background checks for internships, employment, graduate school, and professional licensing, subject to applicable disclosure and expungement rules. Even an arrest that does not result in a conviction can have consequences until eligible records are cleared. Many colleges also have student conduct codes and may open a disciplinary case based on the same incident even if the criminal charge is dismissed. Campus discipline and a criminal case are separate proceedings. Because statements made in either setting can have consequences in the other, a student should seek legal advice before discussing the incident with campus officials or police.

Underage Drinking and Fake ID Charges

In South Carolina, a person under twenty-one generally may not purchase, attempt to purchase, consume, or knowingly possess beer or wine or alcoholic liquor. The statutes provide limited exceptions, including for qualifying culinary students tasting beverages in an approved course. A violation is a misdemeanor punishable by a fine of $100 to $200, imprisonment for up to thirty days, or both. A person who violates either underage alcohol statute also must successfully complete an approved alcohol prevention education or intervention program of at least eight hours; this requirement is not merely optional for the court. 

A fake-ID charge depends on what the student possessed or did. Using another person’s driver’s license, an altered license, or an identification card containing false information to violate the law is a misdemeanor punishable by a fine of up to $100 or imprisonment for up to thirty days. Altering a driver’s license to show false information, or selling or issuing a fictitious license, carries different penalties: a fine of up to $2,500, imprisonment for up to six months, or both. Possessing a fraudulently altered driver’s license or identification card can also implicate a separate provision, with a first-offense penalty of a fine of up to $200 or imprisonment for up to thirty days. The cited fake-ID provisions do not themselves prescribe an automatic driver’s-license suspension for every violation. 

Public Intoxication and Disorderly Conduct

Conduct around bars and campus events may lead to a public disorderly conduct charge. Under South Carolina law, a person who is found on a highway or at a public place or gathering in a grossly intoxicated condition, or who otherwise behaves in a disorderly or boisterous manner there, may be charged with this misdemeanor. The statute also addresses specified uses of obscene or profane language and certain firearm discharges. On conviction, the penalty is a fine of up to $100 or imprisonment for up to thirty days. For an eligible person without a prior conviction for this offense or a similar drunk-or-disorderly-conduct offense, the court may, with the solicitor’s approval and the person’s consent, defer a judgment of guilt and grant a conditional discharge; successful completion results in dismissal, after which the person may apply for expungement under the statute. 

Drug Possession Charges

Possession of a small amount of marijuana remains a crime in South Carolina. Possessing one ounce (twenty-eight grams) or less of marijuana, or ten grams or less of hashish, is a misdemeanor punishable on a first conviction by imprisonment for up to thirty days or a fine of $100 to $200. A second or subsequent conviction carries up to one year of imprisonment or a fine of $200 to $1,000, or both. Possession of greater quantities may support more serious charges, depending on the substance, amount, and evidence; possession of other controlled substances carries penalties that vary by substance and prior record. A drug conviction may also affect a student’s educational or professional opportunities, but any effect on a particular scholarship depends on that program’s rules.

Options That May Protect a Student’s Record

Some students may qualify for a disposition that avoids a conviction, but eligibility and approval depend on the charge, prior record, and applicable program rules. South Carolina’s Alcohol Education Program may consider a person who was at least seventeen but under twenty-one at arrest, has no prior alcohol-related offenses, and has no significant prior delinquency or criminal history. It covers specified charges, including underage alcohol offenses, public disorderly conduct, and certain false-documentation offenses. A person may participate only once. Upon successful completion, the solicitor effects a noncriminal disposition; when applicable, the person may seek an order destroying official arrest records. This diversion program is distinct from the mandatory alcohol education or intervention requirement imposed upon conviction for underage drinking. 

For certain first-time drug-possession offenses, the court may, with the accused’s consent, defer judgment and place the person on probation under the conditional discharge statute. Successful completion leads to discharge and dismissal without an adjudication of guilt; the person may then apply to the court for expungement, though a limited nonpublic record is retained for the statutory purpose. Failure to comply can lead to entry of a judgment of guilt. An eligible person charged with public disorderly conduct may have a separate conditional-discharge option under 

The solicitor’s Pretrial Intervention program is another possible route for eligible charges, including qualifying marijuana-possession charges. Certain charges, including DUI, are excluded; admission is discretionary. Successful completion results in a noncriminal disposition, after which the person may apply for an order addressing official arrest records. Under current law, prior participation does not necessarily bar another opportunity forever: a person may participate again when twenty years have passed since successful completion of an earlier Pretrial Intervention program. Expungement or destruction of records is not automatic merely because a program ends successfully. Applications for the listed categories of expungement are administered through the circuit solicitor’s office, and the applicable statute determines the procedure and relief available. 

Our College Student Defense Services – Free Consultation

We strive to be the best at what we do. That’s why we’re top-rated (AV) by Martindale-Hubbell, Stephan Futeral is rated 10 (Superb) by AVVO, Thomas Nelson is one of Super Lawyers, and clients endorse us with 5 stars ★★★★★ on Google Reviews. Our defense attorneys have over 30 years of combined experience defending college and university students in the Charleston area. We’ll work hard to keep your child out of trouble, to keep their record clean, and to protect your child’s future. If your child is a college student who needs a defense lawyer in the Charleston area for a DUI, public intoxication or disorderly conduct, or other criminal charge, then meet with a top-rated criminal lawyer from Futeral & Nelson today for a FREE.

5. public intoxication 

6. fake I.D. charges

7. disorderly conduct

8. assault and sex crimes

1. underage drinking

2. possession of drugs

3. open container charges

4. drinking and driving (DUI)

5. public intoxication

6. fake I.D. charges

7. disorderly conduct

8. assault and sex crimes