It wasn't a typical morning at the Durham County Courthouse Tuesday.
More than a hundred Duke students and at least a dozen lawyers filled the fourth floor of the courthouse to appear before a judge because the students received citations from Alcohol Law Enforcement officials off campus in August.
North Carolina ALE officers-in conjunction with the Durham Police Department-cited 194 people with various alcohol-related offenses at bars, restaurants and large parties Thursday, Aug. 25 and Saturday, Aug. 27.
One hundred and sixty-nine people were on the District Criminal Court's docket in Judge Elaine Bushfan's courtroom, where most of the students appeared. The words "Duke Students" were handwritten on the schedule posted in the hallway.
The courtroom was standing-room-only, filled with students exchanging fall break stories, catching up on homework and sharing legal advice. Many were not sure what they should do when the judge called their names.
"I think that a lot of people have been talking about maybe having the case dismissed," said freshman Molly Bohonnon, who was cited for possession of alcohol by a person under 21 at a house near East Campus Aug. 26. "Some students were expecting the University to step in. We didn't really know what to expect."
Students could plead guilty or not guilty or file a motion of continuance. If individuals pled guilty and had no previous criminal offenses on record, they may have the opportunity to enter the first-time offenders program and expunge the citation from their permanent records. The program includes 50 hours of community service, which should generally be completed within six to 12 months of beginning the program.
Individuals that pled not guilty will face trials for the charges. Only a few students pled not guilty.
Many students-on the advice of their lawyers-filed motions for continuance in order to delay prosecution. Most of the individuals who filed those motions will have court dates on Oct. 27 or Nov. 8. Delaying prosecution gives students and lawyers more time to develop a defense, find witnesses, obtain police reports and file motions to suppress evidence. If a motion to suppress evidence is granted by the court, charges are usually dropped, local lawyers said.
Students could represent themselves, hire a lawyer or obtain a court-appointed lawyer. Attorney fees usually run from $550 to $850 for an underage drinking charge, local lawyers said. If students filed a motion for continuance they would have to pay additional court fees.
In between court dates, several lawyers said they will file motions to suppress evidence for their clients. Marcus Hill, a local attorney representing several Duke students, said he will investigate whether ALE agents had "reasonable suspicion" of underage drinking prior to entering the private residences.
Because court minutes were not available Tuesday, it was unclear which plea each student submitted.
In the first week of the school year, ALE agents cited 159 people with possession of alcohol by a person under the age of 21 and another 22 people for use of fictitious identification near campus. Thirteen received citations for aiding and abetting underage persons and possession of alcohol.
Many students are still disgruntled about the enforcement campaign, which has leveled off since August. "It just seemed like ALE was just trying to prove a point," Bohonnon said. She filed a motion for continuance and will plead not guilty at her Nov. 8 court date, she said.
Get The Chronicle straight to your inbox
Signup for our weekly newsletter. Cancel at any time.