A police arrest scene shows what actually takes place when "zero tolerance" is applied. After bonding out, the student defendant's case is tried in the presence of his attorney and a prosecutor. Then, the video continues on campus with the student reflecting on his experience.
The seriousness of this situation comes to light when the personal, financial, and academic prices are paid. More serious, however, is the potential harm for those students going on to careers requiring certification or membership in professional associations. An arrest record could pose questions that may reflect on one's character, morals, or ethics.
WARNING:
Viewer discretion advised. Scenes in this video may be upsetting or objectionable. But, it is a glimpse of the real world of irresponsible parties and their consequence. Do not be burned by its content - but learn from it.
Q. Who determines the charges which will be filed against a person who is arrested?
A. The police recommend charges to the city attorney. The city attorney reviews the report from the police officer and decides what charges will be issued.
Q. Can other charges be added at a later date?
A. Yes, the city attorney can decide to add additional charges.
Q. Are the Miranda rights always read during an arrest?
A. It is a practice of only the police to read the Miranda rights if questioning concerning guilt or innocence is to occur after a person is taken into custody.
Q. Can a police officer seize stereos, beer kegs and other personal property during a noise ordinance arrest?
A. Yes, such personal property can be seized as evidence to be held until the case is completed.
Q. What is the law on bonds for misdemeanor arrests such as excessive noise?
A. The interim bond can be set by the police command officer. It must be a reasonable bond to assure the arrested person's presence at an arraignment. The usual bond for an excessive noise charge is $200.
Q. Can a person who is drunk be released from police custody after being booked and posting the bond?
A. The law states that a person cannot be released if he/she is intoxicated. Police policy provides that a person will not be released until their blood alcohol level is less than .07 percent.
Q. What is the maximum fine and sentence for an excessive noise conviction?
A. Five hundred dollars fine plus reasonable costs, and/or ninety days in jail.
Q. Is an arrest public knowledge?
A. A person is presumed innocent until proven guilty. Therefore, although arrest records are public documents, this information is usually not printed in newspapers.
Q. How long does it take to go to trial after being charged with a misdemeanor such as excessive noise?
A. Arraignment and the pretrial conference occur before trial. If a person is unable to pay the interim bond, arraignment will occur within forty-eight hours of an arrest. Usually the pre- trial conference occurs within twenty-one to thirty days after an arrest. If the matter cannot be resolved, a trial usually occurs within sixty days of an arrest.
Q. Does a person have to disclose an arrest on a job application?
A. No, but a conviction must be disclosed, if requested.
Q. How do potential employers treat a conviction noted on a job application?
A. That will depend upon an employers attitude toward the specific arrest as well as the sensitivity of the work being interviewed for.
Q. How long does a conviction stay on a person's record?
A. The law provides that if a person is convicted of not more than one offense, a request may be filed five years after the date of sentencing to set aside a misdemeanor conviction.
Q. How do graduate school admissions personnel respond to an arrest record on a application?
A. Graduate school admissions should not be affected by an arrest or conviction.
Q. How do licensing boards, and professional associations view arrest/conviction records?
A. This could throw up a flag and prompt additional questions.
Original HTML by Timothy Strunk