Court dates are approaching for most of the 194 individuals-many of them students-cited in late August by Alcohol Law Enforcement agents at houses, bars and grocery stores off East Campus.
Scores of students will descend upon the Durham Courthouse Tuesday to plead their cases in front of a local judge-and many will have lawyers by their sides.
Encouraged by friends, parents and the Duke Office of Judicial Affairs, many students have hired attorneys to guide them through the legal process. Although judicial affairs administrators did not explicitly recommend lawyers to students, they made a list of lawyers who have represented students successfully in the past available to cited individuals and their parents.
"Given a student's criminal record is at stake, I think it's only prudent that students seek legal counsel," said Stephen Bryan, associate dean for judicial affairs. "Any competent, well-trained attorney will likely get similar results."
Several students reported that many of the individuals who hired lawyers passed legal advice along to others if they were charged with the same offenses.
"Kids help out other kids," said freshman David Hoffman, who hired a lawyer for his Tuesday court date.
Some students said they did not hire lawyers because of the costs involved.
Attorney fees can range anywhere from $550 to $850 for underage drinking charges, depending on the lawyer, said John C. Fitzpatrick, a criminal and traffic attorney who is representing seven or eight Duke students cited in ALE's August operation.
Court fees are about $110, and fines for underage drinking citations range from $25 to $50, he added. A community service fee for organizing service opportunities runs about $200.
"It can be a very expensive beer," Fitzpatrick joked.
Students looking to leave the courthouse without criminal records have several options.
Depending on the specifics of each case, students or their lawyers may request the first-time offenders program or file motions to suppress evidence.
"Some lawyers are doing that or working things out with the state to preserve students' records," said Fitzpatrick, who has represented several Duke students in the past.
The first-time offenders program includes 50 hours of community service, which should generally be completed within 6-12 months, and expunges the offense from the individual's permanent record, local lawyers said.
If a motion to suppress evidence is granted, Fitzpatrick noted, the case will likely be dismissed. He also said cited individuals could plead not guilty and prove they did not commit the violations listed on the citation.
Bryan said charges are often dismissed as a result of deferred prosecution or first-time offenders programs.
In addition to criminal charges, some students are also facing possible punishment from the Office of Judicial Affairs for violating the University's alcohol policy.
"We will have [students who were cited] come in and meet with us to determine if there are any University violations at issue," Bryan said.
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