Your son or daughter calls from college and tells you the police were involved.
Maybe there was an incident at a dorm, an off-campus apartment, a bar, a sporting event, or somewhere near campus. Your student may have been arrested, given a summons, or told to appear in court. The school may also be asking questions or sending notices about a separate disciplinary process.
For a parent, the immediate reaction is often to figure out what happened and how to fix it.
But when a college student is charged in New Jersey, there can be more than one issue to address. The court case has its own procedures and potential consequences, while the college or university may have a separate process under its student conduct rules.
I am Lauren Scardella, Esq. of The Scardella Law Firm LLC, and when I speak with students and families after a charge, one of the first things I look at is what was filed, where the case is being handled, what evidence may exist, and whether the school is taking action of its own.
Understanding those pieces can help your family make informed decisions without creating additional problems.
Start With the Exact Charge and Court Notice
Before focusing on what the charge might mean long-term, start with the documents your student actually received.
Look for the exact offense, the statute cited, the name of the court, the court date, and any instructions about appearing virtually or in person.
In New Jersey, not every case follows the same path.
For an adult student, disorderly persons and petty disorderly persons offenses are generally handled in Municipal Court. More serious indictable charges are ordinarily handled through the Superior Court criminal process. An indictable complaint can begin with a complaint filed through the court system before being forwarded to the county prosecutor and the Criminal Division. If the student was under 18 when the alleged offense occurred, different juvenile court procedures can apply.
That distinction matters because the court, procedure, potential penalties, and available ways to address the case can differ.
Do not assume the case is minor simply because your student received a summons instead of being held in custody. Likewise, do not assume an arrest means the most serious possible outcome will follow. Start with the actual charge and the allegations and evidence behind it.
What Should Your Student Avoid Doing After Being Charged?
Students often want to explain themselves immediately.
They may want to call the other person involved, message friends who witnessed what happened, respond to someone online, or give a detailed explanation to police or school officials.
Those reactions can create complications.
Texts, direct messages, photographs, videos, social-media posts, location information, and statements made after the incident can all become relevant depending on the case.
Your student should also avoid deleting material simply because it seems embarrassing or harmful. Preserving existing communications and other evidence can be important when an attorney later evaluates what happened.
If police want another statement or interview, your student should not assume that they need to respond immediately. Before deciding what to say or whether to participate, speaking with an attorney can help them understand the request, the possible significance of answering questions, and how to respond without making decisions before the situation has been reviewed.
The goal is not to ignore the situation. It is to avoid making an already difficult situation harder before the evidence and legal issues have been reviewed.
Does the Criminal Case Automatically Decide What Happens at School?
No.
A criminal or Municipal Court case and a college disciplinary matter are generally separate processes.
A school may review alleged conduct under its own student code even while a court case is pending. Depending on the allegations and the school's policies, the student may receive notices from a dean's office, student conduct office, campus police, housing department, or another university administrator.
Possible school consequences can be different from court consequences. Depending on the institution and circumstances, disciplinary action can affect housing, participation in activities, campus access, or enrollment status.
Because the two processes are separate, your student should still be careful about statements or written responses made during the school process. Depending on the circumstances, that information could become relevant to the criminal case.
If the school sends a notice, request for a meeting, or disciplinary charge, save it and pay attention to any response deadline.
Why Might Parents Have Less Access Than They Expect?
Parents are often surprised to discover that they cannot simply call the college and obtain every record or discuss every detail of the student's situation.
Under federal student privacy rules, rights relating to education records generally transfer to the student when the student turns 18 or attends a postsecondary institution, although FERPA contains exceptions that can permit disclosure to parents in certain circumstances.
That means a parent who paid tuition or helped the student move into the dorm should not automatically assume the school must provide full access to disciplinary or education records.
In practical terms, the student may need to take an active role in authorizing communications and gathering school documents.
This can feel unfamiliar for families who are accustomed to handling important matters for their child. But once a student is in college, especially if the student is already an adult, the legal and administrative relationship can be different.
What Evidence Should Be Preserved?
The early stages of a case are often when useful evidence is easiest to lose.
Depending on what allegedly happened, relevant material might include:
- Text messages and direct messages
- Photographs or videos
- Social-media communications
- Ride-share or transportation records
- Receipts or payment records
- Dorm or apartment access information
- Names and contact information for witnesses
- School notices or disciplinary correspondence
- The summons, complaint, release paperwork, or court notice
There may also be surveillance footage, police body-camera video, campus security records, or other material that is not in your student's possession.
Preserving what your student already has gives an attorney a better factual starting point.
It can also help separate what people remember happened from what the available evidence actually shows.
Should Your Student Contact the Other Person Involved?
Usually, this is something that should be approached very carefully.
A student may believe that one conversation can clear everything up. A parent may feel the same way.
But direct communication can create new evidence, additional allegations, or misunderstandings, particularly when emotions are high.
There may also be a no-contact directive from the school, a court order, a condition of release, or another restriction that must be followed.
Before your student contacts an alleged victim, complainant, witness, roommate, or anyone else directly involved in the incident, it is important to determine whether any restriction applies and whether communication could affect the case.
What Happens at the First Court Appearance?
The answer depends on the charge and the court.
For Municipal Court matters, the court notice should tell your student when and how to appear. Under the New Jersey Judiciary's current court framework, Municipal Court initial appearances are generally scheduled virtually. Later proceedings involving a reasonable likelihood of jail or a loss or suspension of driving privileges generally proceed in person, although the court can permit a virtual proceeding in certain circumstances.
For an indictable criminal charge, the Superior Court process is different and can involve issues such as first appearances, pretrial release conditions, prosecutor review, and possible grand jury action.
Your student should not guess what happens next based only on the wording of a single notice. They should understand what kind of case has been filed, what the next appearance is for, and whether any decisions need to be made before that date.
How Can Parents Help Without Taking Over the Case?
Parents can be an important source of stability after a student is charged.
Useful steps can include helping the student collect paperwork, preserve communications, keep track of court and school deadlines, and arrange a legal consultation.
At the same time, this is ultimately the student's case.
If your son or daughter is an adult, your student is the client even when a parent is helping with logistics or legal fees. The student's account of what happened, goals, and decisions remain central to the representation.
The most useful role for a parent is often to help the student slow the situation down enough to make careful decisions rather than reacting to each new phone call, email, or accusation.
What Should Be Reviewed Before Your Student Decides How to Handle the Charge?
The charge itself is only one part of the picture.
I also want to understand what evidence exists and what the State would need to prove.
Were there witnesses? Was there surveillance footage? Did campus police or local police use body cameras? Are there text messages or social-media communications? Did your student make statements? Is the school conducting its own investigation?
Those questions can affect how the case should be approached.
Depending on the circumstances, the issues may involve whether the State can prove every required element, whether evidence can be challenged, whether witnesses give consistent accounts, and what resolution options are legally available.
That analysis should come before a student makes decisions simply because they want the situation over as quickly as possible.
What Should You Do If Your College Student Is Facing a Criminal Charge?
If your college student has been charged in New Jersey, the next step should be to understand exactly what was filed, what deadlines or court appearances are coming up, and what evidence should be reviewed before your student makes decisions about the case.
Start with the complaint or summons. Preserve relevant messages, photographs, videos, school notices, and other available records. Pay attention to both court dates and any deadlines from the college or university, and be careful about statements or contact that could affect the criminal case.
At The Scardella Law Firm LLC, I work with students and families facing criminal and Municipal Court matters throughout Mercer, Middlesex, Burlington, and Ocean Counties in New Jersey. I can review the charge, the available evidence, and the upcoming court requirements and explain what your student should consider before deciding how to proceed.
Many matters can be reviewed and handled virtually when the court and circumstances allow. If an in-person appearance or another step falls outside what I handle directly, I can help your family understand what the case requires and, when appropriate, connect your student with trusted local counsel.
If the school is also taking action, I can review how statements, notices, or other information from that process may affect the criminal case so your student can make informed decisions about their defense.
If your college student has been charged in New Jersey and you want to understand the next steps, you can use my contact form to schedule a consultation.
Disclaimer: Results may vary depending on your particular facts and legal circumstances. The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact the law firm directly.