Expert explains common legal misconceptions

A run-in with the police or a lawyer during the first week of classes could be a traumatic experience.

Student Legal Services Director Randall Frykberg works to help students who find themselves face-to-face with the law. He cleared the air on some of the most common misconceptions students have about the law.

More than a sheet of paper

A lease is legally binding, whether the renter read before signing or not. Illness, money troubles or changes of plans do not make a lease disappear. Rent must still be paid until the lease ends.

Similarly, most leases say all the renters in that apartment or house responsible for the rent every month. If two people are renting an apartment for $800 per month, most leases hold both accountable for the $800, not just the $400 each person pays.

“Everyone in an apartment is kind of an insurance policy, financially, for his or her roommates,” Frykberg said. “Students tend to think that landlords will see you as an individual, where they see you as an apartment and a single rent check.”

Fakes and Your record

“Fake IDs are looked at with greater scorn than an underage consumption charge. You’re committing fraud,” Frykberg said. “Any time you falsely state your age or produce a document, be it real or one you did on your computer, (it’s) going to be the same offense.”

First offenses are typically handled through a pretrial diversion program. If tried and convicted, a class D misdemeanor — the lowest level of charges — would go on a student’s record.

Charges of fraud may be highlighted on some background checks for employment or admission applications, since it is considered a crime of dishonesty.

Drinking is more dangerous on campus

“IU is going to have a better chance, and more readily enforce violations of the student code if they find you on IU property,” Frykberg said. “You’ll have to go through the IU judicial process (and) get some alcohol counseling.”

Off campus, a student will be cited or fined if caught by the police. However, any student offense can be brought to the attention of the IU Office of Student Ethics.

Drug possession is a felony

Possession of any quantity of hard drugs, except marijuana, is a felony in Indiana.

“The law has decided it is not as serious to have marijuana in a small quantity as it is to have anything else,” Frykberg said. “It is a misdemeanor to have less than 30 grams of pot or paraphernalia.”

All students can vote in Indiana

There is no rule on legal residence that applies to all college students. Each individual is different, according to the Indiana Secretary of State’s website. A student who lives in Bloomington with no intention of returning home can use proof of his or her current address as permanent residence when registering to vote.

Students who live in dorms can sign an affidavit or obtain a letter from a residence hall office to prove residency. There should be no impact on students with health or auto insurance through their parents.

Remember your rights

The Fifth Amendment provides the right to remain silent and protection from self-incrimination. A student does not have to answer questions from police, such as “Have you been drinking?”, that might result in an admission of guilt.

“The only thing the police can demand of you is to know your name, your address and to produce an ID,” Frykberg said. “A significant number of students are of the impression that if they are candid and honest, it will help them. From my experience, they are typically arrested or cited, and their admissions are (used) against them.”

The Fourth Amendment protects from unreasonable search and seizure, meaning the police need a warrant or proof of probable cause to search someone.

“That includes giving a breath sample, except if you’re driving,” Frykberg said. “You have a right to be private in your breath, your blood and the contents of your pockets, with a few narrow exceptions.”