What to do if I received an underage at a college dorm but believe I was illegally held in the process?

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What to do if I received an underage at a college dorm but believe I was illegally held in the process?

Cops and emt came to care for an overly intoxicated underaged female. I’m 18 and I was in the dorm visiting with my friend who went to the college, but I did not go to the school where this took place. I blew a .021 after barely drinking while others carried on. When campus staff came(RAs) came I asked to leave and was denied my request although I was freely allowed in the building without signing in at all. When wvupd came and also kept us there as well and gave us an underage citation/ticket. Was it legal for them to hold me, since I have no relation to the school?

Asked on August 21, 2012 under Criminal Law, West Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Given the circumstances that you have written about, it was proper for campus staff to ask you to remain (you were not physically restrained) at campus property while the overly intoxicated female was being attended to since you could have been a witness as to what she ingested in order for her to be attended to by medical personnel.

Since you are a minor and had a .021 blood alcohol level in your system you unfortunately have a criminal matter to attend to. I suggest that you consult with a criminal defense attorney to assist you in your matter.


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