Category

Auburn Local

auburn rodeo 2019

Auburn Rodeo 2019 Edition

By | Alcohol Offenses, Auburn Local, University Discipline | No Comments

It’s almost time for the 2019 Auburn Rodeo, taking place on April 6 at Sistrunk Farms in Opelika, AL. If your plan is to have a good time and enjoy yourself while you’re at Auburn Rodeo 2019 Edition, listen up.

For the last 18 years, I have represented students that were arrested at the Auburn Rodeo or on their way home from it. In 2016 alone, 47 people were arrested at the rodeo site; however, this number is misleading because it does not reflect the arrests for DUI’s, Public Intoxication or Public Lewdness in Auburn as part of the Rodeo aftermath. Because the Auburn Rodeo is no longer held within Auburn City limits, jurisdiction for any criminal charges is now the District Court of Lee County, Alabama. Luckily, Lee County has started a pre-trial diversion program similar to Auburn’s; however, this program does not preclude you from being arrested, detained and from having a criminal record.

Here are the top 8 things that will get you arrested at Rodeo:

1. Driving Under the Influence

Just because you are at the rodeo and not on a public highway does not mean a police officer cannot arrest you for DUI. Whether it’s on a public highway or in a grassy field, if you are in physical control of the vehicle while under the influence of alcohol or drugs, you can be arrested for DUI. In fact, you can be asleep behind the wheel of a parked car and still be arrested for DUI. Although the event is not in Auburn, I am positive the Sheriff will be patrolling the roads back to Auburn. In addition, the Opelika and Auburn Police Departments will most likely have a new set up to catch intoxicated drivers entering their jurisdictions. Drinking and driving is not an option, so make sure to get a designated driver.

2.  Public Intoxication

Essentially, a charge of PI is when a person appears in public and is under the influence of drugs or alcohol to such an extent that he is a danger to himself or others, is boisterous, or displays offensive conduct that annoys another person in his vicinity. The PI charge usually means that you are either so drunk that they find you lying in the bushes, vomiting or passed out; or if you have done something to “annoy” the police officer. It has been my experience that a PI charge usually involves the student doing something to bring attention to himself. That is, the police officer is going to check on you if they find you sleeping or ill. They’re also going to make contact with you if they find you on top of a porta potty with a handle of Jim Beam, or anything along those lines. Once the police officer makes contact with you, how you respond usually determines whether or not you are going to get charges with PI or be allowed to move along.

3. Public Lewdness

Public Lewdness is the negligent exposing of genitals to the public. It is not indecent exposure in that it does not require the gratification component. Essentially, a public lewdness charge begins with a young male who takes the opportunity to relieve himself in public. Once again, peeing in public not only exposes you to the public, but also draws the attention of the police officer. The charge of public lewdness will stay with you for the rest of your life. Quite often the charge is changed to criminal littering; however, if the police officer or sheriff does charge you with public lewdness, it is a charge that needs to be handled seriously. The best way to avoid this charge is to not expose yourself in public. Public lewdness charges also involve mooning, streaking and other activities where the person decides to get naked in public. The advice here is “don’t get naked in public” and avoid relieving yourself in the sight of others.

4. Minor in Possession of Alcohol

The legal drinking age in Alabama is 21. Possession of alcohol by a minor is a criminal offense in Alabama. It subjects the person not only to the criminal charge, but also the loss or suspension of their driver’s license. Don’t believe what people tell you about officers not charging you with a minor in possession of alcohol. If the police officer does see you with alcohol, he or she has every right to charge you with possession of consumption of alcohol by a minor. And they will. Over the last several years, the ABC Board was present at the Rodeo. Their main purpose was to arrest minors for the possession and/or consumption of alcohol, along with other alcohol related offenses. It was their Super Bowl for minor in possession of alcohol cases.

5. Fake ID’s

Leave your fake ID at home. If you produce a fake ID at the rodeo to an officer, you are committing a criminal offense. In fact, the mere possession of some of these ID’s is a criminal offense. Recently, I’ve represented several students charged with possession of a fraudulent or forged document. This is a serious offense because it is a crime of moral turpitude. We have been forced to work diligently to try and get them out from under those charges. Presenting a fake ID to an officer is a more serious offense in that not only are you in possession of a forged document, but you also are now presenting it in an attempt to deceive or obstruct police activities. Once you do this, you will find yourself quickly in the back of a patrol car. Don’t take your fake ID to the Auburn Rodeo.

6. Possession of Marijuana

A police officer picks up the scent of marijuana like a bloodhound on the hunt. Each officer will follow that smell until they find the source. There is no masking it. The police will not overlook the smell, possession, or use of marijuana at this event.  Any person found with marijuana or drug paraphernalia at the rodeo will be arrested. It’s as simple as that.

7. Disorderly Conduct

Disorderly conduct involves either fighting, obstructing vehicular or pedestrian traffic, making unreasonable noises or disturbing a lawful assembly of persons. It also involves being in public and refusing a lawful order by the police to disburse. Much like PI, disorderly conduct charges do not simply arise from being in public. Normally, you must do something to bring attention to yourself, such as fighting, using obscene gestures, or failing to comply with the lawful order of the police. Quite often, PI and disorderly conduct go together. Police officers will first make contact with somebody and ask them to move along. The response should be “yes sir/ma’am,” and do whatever you can to get out of the line of sight of that officer. However, it has been my experience that when alcohol is involved, students seem to take this opportunity to talk to the police officer and explain why they can’t move along. For example, their friend is here, their ride is here, their purse is here, they’ve left their cell phone, or they just don’t want to. At this point, the officer is becoming “annoyed,” and you may have violated a lawful demand to disburse. Normally, these arrests start near the end of the rodeo rather than the beginning. That is, the officer has probably had enough of the students by the end of the rodeo. Again, the moral of the story is not to attract attention to yourself and to listen to the officer when he tells you to move along.

8. Resisting Arrest

You have now found yourself under arrest. How you react to the arrest by the police officer will determine the ultimate outcome of your case. It’s much more difficult to represent a student who has threatened a police officer, threatened his job, told him he was going to have the mayor fire him or attempt to kick out the rear window of the patrol car.  Not only is resisting arrest another offense, it normally results in some type of jail sentence, which might otherwise have been avoided. If you are attempting to apply for youthful offender or pre-trial diversion program and the police officer objects due to your conduct during the arrest, the Court may not grant you admission into the pre-trial diversion program and/or youthful offender status. Therefore, if the officer tells you that you are under arrest, do not jerk away, run, cry, or threaten the police officer. Also, remember that anything you say while sitting in the back of the patrol car is recorded. Once again, it is very difficult to plead a student’s case before the judge when he is watching a video of said student in the back of the patrol car threatening the police officer, cursing, and otherwise acting inappropriately. Once it is determined that you are being arrested, the best thing for you to do is to comply with the police officer’s terms, remain quiet, and call AAA Bonding.  (Jimmy, at AAA Bonding, is very responsive. Mention my name, Jeff Tickal.)

The above list is not excluding and is not meant to cover all of the offenses you can be charged with while at the Auburn Rodeo 2019. However, keeping these things in mind may help prevent you from getting arrested and allow you to enjoy yourself on April 6th. The items above are always applicable, so keep them in mind when you go downtown or head out for spring break as well.

If you have any questions regarding Auburn Rodeo 2019 Edition, please contact my cell (334)444-4033. We will be available the Saturday and Sunday of the rodeo if you wish to call us or need assistance. If you are arrested, the best thing to do is remain calm, bond out and make an appointment with me for the following week. I wish you all a safe and fun rodeo.

Jeffery G. Tickal, Esq.

Gullage & Tickal, LLP

(334)444-4033 Cell

(334)737-3733 Office

fraternity issues at the alpha psi rodeo

Fraternity Issues at the Alpha Psi Rodeo

By | Alcohol Offenses, Auburn Local, University Discipline | No Comments

The Alpha Psi Rodeo is April 21, 2018 at Sistrunk Farms in Opelika, Alabama (technically, this is Macon County).  The coordinators for the Alpha Psi Rodeo have changed the theme to “Make the Rodeo Great Again”.  By doing that, they are bringing back the BYOB and tailgating which were removed from the Rodeo last year.  In addition, the coordinators for the Rodeo are setting up trailers for rental by different groups to watch the concert and rodeo events.  These trailers will be placed around the rodeo ring and in view of the concert stadium.

Because of the changes this year, a number of issues affect fraternities.  The Alpha Psi Fraternity encourages all the fraternities to attend their function and in the past fraternities have made it a point to congregate together at the rodeo.  That said, this creates an issue for the fraternities under the Interfraternity Council Risk Management Policy.  Specifically, if a fraternity rents a trailer this year for use at the rodeo, essentially this becomes a fraternity event sponsored or endorsed by the Chapter.  In addition, if you hang flags from the trailer designating it to be a fraternity trailer and making it such that an observer would associate it with the fraternity, it would fall under a fraternity event and subject under the Interfraternity Council Risk Management Policies.

Policy 2 provides:

“No alcoholic beverages may be purchased through or with chapter funds nor may the purchase of same for members or guests be undertaken or coordinated by any member in the name of or on behalf of the chapter.  The purchase or use of a bulk quantity or common source(s) of alcoholic beverage, for example, kegs or cases, is prohibited.”

The Alpha Psi Rodeo is a BYOB event.  That means the “O” in BYOB is “own”.  If everyone brings their own alcohol, it will not be a violation of Article 2 of the Interfraternity Council Risk Management Policy.  However, if groups provide kegs, cases, handles of alcohol or alcohol from a cooler or other source, the fraternity may violate the “Common Source Rule.”

It is important that fraternities understand the common source rule and its applicability towards the trailers rented for the Alpha Psi Rodeo.  There should be no coolers or common source alcohol available on the trailers or directly adjacent to the trailers for fraternity members.  Also, keep in mind that it is a violation of the Risk Management Policy to provide alcohol to minors.  By not having a common source of alcohol available to others, a fraternity can avoid both the common source and the distribution of alcohol to a minor which is both a fraternity council and criminal offense.

Jeffrey G. Tickal | GULLAGE & TICKAL, LLP | Attorneys at Law

511 Geneva Street, Opelika, AL 36801

(o) 334-737-3733

photo credit: Thomas Hawk Ride ’em Cowboy via photopin (license)

alpha psi rodeo 2018 auburn student defense

UPDATED How Not to Get Arrested at Alpha Psi Rodeo 2018

By | Alcohol Offenses, Auburn Local | No Comments

It’s almost time for the 2018 Alpha Psi Rodeo, taking place on April 21st at Sistrunk Farms in Opelika, AL. If your plan is to have a good time and enjoy yourself while you’re there, listen up.

For the last 17 years, I have represented students who were either arrested at the Alpha Psi Rodeo or on their way home from it. In 2016 alone, 47 people were arrested at the rodeo site; however, this number is misleading because it does not reflect all the arrests for DUI’s, Public Intoxication, or Public Lewdness in Auburn as part of the Rodeo aftermath. Because the Alpha Psi Rodeo is no longer held within Auburn City limits, jurisdiction for any criminal charges is now the District Court of Lee County, Alabama. Luckily, Lee County has started a pre-trial diversion program similar to Auburn’s; however, this program does not preclude you from being arrested, detained, and from having a criminal record.

Here are the top 8 things that will get you arrested at Rodeo.

  1. Driving Under the Influence: “Hey man, am I driving ok?” “I think we’re parked dude.” 

Just because you are at the rodeo and not on a public highway does not mean a police officer cannot arrest you for DUI. Whether it’s on a public highway or in a grassy field, if you are in physical control of the vehicle while under the influence of alcohol or drugs, you can be arrested for DUI.  In fact, you can be asleep behind the wheel of a parked car and still be arrested for DUI. Although the event is not in Auburn, I am positive the Sheriff will be patrolling the roads back to Auburn. In addition, the Opelika and Auburn Police Departments will most likely have a net set up to catch intoxicated drivers entering their jurisdictions. Drinking and driving is not an option, so make sure to get a designated driver. 

  1. Public Intoxication: “I didn’t want to be drunk in public, they threw me into public.”

Essentially, a charge of PI is when a person appears in public and is under the influence of drugs or alcohol to such an extent that he is a danger to himself or others, is boisterous, or displays offensive conduct that annoys another person in his vicinity.  The PI charge usually means that you are either so drunk that they find you lying in the bushes, vomiting, or passed out; or you have done something to “annoy” the police officer. It has been my experience that a PI charge usually involves the student doing something to bring attention to himself.  That is, the police officer is going to check on you if they find you sleeping or ill.  They’re also going to make contact with you if they find you on top of a porta potty with a handle of Jim Bean, or anything along those lines.  Once the police officer makes contact with you, how you respond usually determines whether or not you are going to get charged with PI or be allowed to move along. 

  1. Public Lewdness: “Don’t get naked in public.”

Public Lewdness is the negligent exposing of the genitals to the public. It is not indecent exposure in that it does not require the gratification component. Essentially, a public lewdness charge begins with a young male who takes the opportunity to relieve himself in public. Once again, peeing in public not only exposes you to the public, but also draws the attention of the police officer. The charge of public lewdness will stay with you for the rest of your life. Quite often the charge is changed to criminal littering; however, if the police officer or sheriff does charge you with public lewdness, it is a charge that needs to be handled seriously.  The best way to avoid this charge is to not expose yourself in public. Public lewdness charges also involve mooning, streaking, and other activities where the person decides to get naked in public.  The advice here is “don’t get naked in public” and avoid relieving yourself in the site of others.

  1. Minor in Possession of Alcohol: “That’s not my beer.”

The legal drinking age in Alabama is 21. Possession of alcohol by a minor is a criminal offense in Alabama. It subjects the person not only to the criminal charge, but also the loss or suspension of their driver’s license.  Don’t believe what people tell you about officers not charging you with a minor in possession of alcohol. If the police officer does see you with alcohol, he or she has every right to charge you with possession or consumption of alcohol by a minor. And they will. Over this last several years, the ABC Board was present at the Alpha Psi Rodeo.  Their main purpose was to arrest minors for the possession and/or consumption of alcohol, along with other alcohol related offenses. It was their super bowl for minor in possession of alcohol cases.

  1. Fake ID’s: “Yes, I am Nick Pappagiorgio from Yuma.”

Leave your fake ID at home. If you produce a fake ID at the rodeo to an officer, you are committing a criminal offense. In fact, the mere possession of some of these ID’s is a criminal offense. Recently, I’ve represented several students charged with possession of a fraudulent or forged document. This is a serious offense because it is a crime of moral turpitude. We have been forced to work diligently to try and get them out from under those charges. Presenting a fake ID to an officer is a more serious offense in that not only are you in possession of a forged document, but you also are now presenting it in an attempt to deceive or obstruct police activities.  Once you do this, you will find yourself quickly in the back of a patrol car. Don’t take your fake ID to the Alpha Psi Rodeo.

  1. Possession of Marijuana: “Do you smell that?”

A police officer picks up the scent of marijuana like a blood hound on the hunt. Each officer will follow that smell until they find the source. There is no masking it. The police will not overlook the smell, possession, or use of marijuana at this event.  Any person found with marijuana or drug paraphernalia at the rodeo will be arrested. It’s as simple as that.

  1. Disorderly Conduct: “I’m not going down without a fight.” 

Disorderly conduct involves either fighting, obstructing vehicular or pedestrian traffic, making unreasonable noises, or disturbing a lawful assembly of persons. It also involves being in public and refusing a lawful order by the police to disburse. Much like PI, disorderly conduct charges do not simply arise from being in public. Normally, you must do something to bring attention to yourself, such as fighting, using obscene gestures, or failing to comply with the lawful order of the police. Quite often, PI and disorderly conduct go together. Police officers will first make contact with somebody and ask them to move along. The response should be “yes sir/ma’am,” and do whatever you can to get out of the line of sight of that officer. However, it has been my experience that when alcohol is involved, students seem to take this opportunity to talk to the police officer and explain why they can’t move along. For example, their friend is here, their ride is here, their purse is here, they’ve left their cell phone, or they just don’t want to. At this point, the officer is becoming “annoyed,” and you may have violated a lawful demand to disburse. Normally, these arrests start near the end of the rodeo rather than the beginning. That is, the officer has probably had enough of the students by the end of the rodeo. Again, the moral of the story is not to attract attention to yourself and to listen to the officer when he tells you to move along.

  1. Resisting Arrest: “Don’t taze me, bro!”

You have now found yourself under arrest. How you react to the arrest by the police officer will determine the ultimate outcome of your case. It’s much more difficult to represent a student who has threatened a police officer, threatened his job, told him he was going to have the mayor fire him, or attempt to kick out the rear window of the patrol car.  Not only is resisting arrest another offense, it normally results in some type of jail sentence, which might otherwise have been avoided. If you are attempting to apply for youthful offender or pre-trial diversion program and the police officer objects due to your conduct during the arrest, the Court may not grant you admission into the pre-trial diversion program and/or youthful offender status. Therefore, if the officer tells you that you are under arrest, do not jerk away, run, cry, or threaten the police officer. Also, remember that anything you say while sitting in the back of the patrol car is recorded. Once again, it is very difficult to plead a student’s case before the judge when he is watching a video of said student in the back of the patrol car threatening the police officer, cussing, and otherwise acting inappropriately. Once it is determined that you are being arrested, the best thing for you to do is to comply with the police officer’s terms, remain quiet, and call AAA Bonding.  (Jimmy, at AAA Bonding, is very responsive. Mention my name, Jeff Tickal.)

The above list is not exclusive and is not meant to cover all of the offenses you can be charged with while at the Alpha Psi Rodeo.  However, keeping these things in mind may help prevent you from getting arrested and allow you to enjoy yourself on April 21st. The items above are always applicable, so keep them in mind when you go downtown or head out for spring break as well.

If you have any questions regarding any of the above, please contact my office at 334-737-3733.  We will be available the Saturday and Sunday of the rodeo if you wish to call us or need assistance. If you are arrested, the best thing to do is remain calm, bond out, and make an appointment with me for the following week.  I wish you all a safe and fun rodeo.

Jeffrey G. Tickal, Esq.

Gullage & Tickal, LLP

(334) 737-3733

disorderly conduct and resisting arrest in auburn, alabama

Disorderly Conduct and Resisting Arrest in Auburn, Alabama

By | Alcohol Offenses, Auburn Local | No Comments

If you’re an Auburn University Student, you probably recognize that these offenses are not uncommon for Auburn’s bar scene, and if you’ve ever been to Skybar, 17-16, Quixotes, or any of the other downtown venues, you’re sure to have seen at least one bar fight which ended with someone getting thrown out by a bouncer. Even once you’ve left the bar, it’s not unusual to witness people stumbling drunkenly down the sidewalk, yelling to their friends across the street, puking in a garbage can, or simply slouching on a bench in a drunken stupor.

Disorderly conduct and resisting arrest in Auburn, Alabama are two charges which, when considering the typical circumstances of their incident, tend to go hand in hand. Usually fueled by alcohol or drug consumption, what starts as innocent roughhousing can easily escalate into what could be  criminal behavior.

Disorderly Conduct: Alabama Code § 13A-11-7

In §13A-11-7 of the Alabama Criminal Code, disorderly conduct is defined through a list of six specific offenses:

“(a) A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he or she does any of the following:

(1) Engages in fighting or in violent tumultuous or threatening behavior.

(2) Makes unreasonable noise.

(3) In a public place uses abusive or obscene language or makes an obscene gesture.

(4) Without lawful authority, disturbs any lawful assembly or meeting of persons.

(5) Obstructs vehicular or pedestrian traffic, or a transportation facility.

(6) Congregates with other person in a public place and refuses to comply with a lawful order of law enforcement to disperse.”

Resisting Arrest: Alabama Code §13A-10-41

Since individuals who engage in disorderly conduct are often under the influence of drugs or alcohol, it’s not uncommon for their judgement to be clouded enough that they choose to resist their arrest. As described in Alabama Code §13A-10-14, a person commits the crime of resisting arrest if, “he intentionally prevents or attempts to prevent a police officer from affecting a lawful arrest of himself or another person.” Behaviors that will land you with this charge include: pulling away, running away, yelling at police officers, threatening to get them fired, or a variety of other actions which are simply obstructive and uncalled for, and all of which will have a negative impact on your defense in court.

Penalties

In Alabama, disorderly conduct is considered a class C misdemeanor, a charge which can land you with fines of up to $500, a jail sentence up to three months, or both. Worse than that, this isn’t even including the additional misdemeanor from resisting arrest or the many other charges which often accompany disorderly conduct such as: harassment (§13A-11-8), public intoxication (§13A-11-10), or, if you’re also under 21, minor in possession of alcohol (§28-1-5). Given the nature of these crimes and their typical relationship with alcohol, it can be shockingly easy to land yourself with a number of criminal charges, resulting in thousands of dollars in legal fees, fines, and even possible jail time. In the event that you’ve been stopped by a police officer for disorderly conduct, the best thing you can do is to cooperate fully and behave like a respectable young adult.

How to Avoid Multiple Charges

As it was said before, disorderly conduct charges are often accompanied by a variety of other charges determined during contact with the arresting officer. As obvious as it may seem, the most effective way to avoid this is to simply behave yourself once in police custody. You may be aware of the stereotype of entitled college students who, from the point of police contact, begin forcefully arguing their innocence, yelling and screaming, thrashing around the back of the squad car, insulting police officers personally, or a variety of other disruptive behaviors. This is the quickest way to make your attorney’s job very difficult. If you and your attorney have any hope of convincing a judge to drop your charges or lessen your sentence, you don’t want on record that you called your arresting officer a “pig,” that you spit in his face, or that you threatened to have Dad get him fired; this simply won’t fly. Your attorney’s goal is to convince the court that you’ve made mistakes and that you’re a good kid who deserves a second chance. This will be much more convincing if you just keep your cool. Besides, the obvious solution of avoiding disorderly conduct entirely, improving your chances of a light sentence or even a dismissal of charges is as simple as acting like a decent human being.

Disorderly conduct and resisting arrest are charges which will not look good on a permanent record. If you’ve been charged with any of the crimes listed above, it’s incredibly important that you find an attorney with extensive experience in collegiate criminal defense. Attorney Jeff Tickal of Gullage & Tickal has had years of experience defending Auburn students, and, as a former instructor in the school of building science, has a sincere connection with and understanding of Auburn students which carries over effectively into each case he defends.

Drug Paraphernalia Charges in Auburn

Drug Paraphernalia Charges in Auburn

By | Auburn Local, Drug Offenses | No Comments

Previously, we discussed the laws and charges regarding the possession of marijuana in Auburn. And while it may seem obvious, it is important to note that the mere possession of marijuana related paraphernalia is also a crime. In this article, we’ll review drug paraphernalia charges in Auburn, including the penalites if you are caught.

How Do Most Auburn University Students get Caught?

Beware of the grinder! Lately, most of the students that get charged with possession of marijuana and possession of drug paraphernalia are charged with possession of a grinder. The grinder is a device used to grind marijuana into a smokable form. For some reason, students travel around Auburn University with the grinder in their car. Most often, they do not clean all of the marijuana residue out so when a police officer finds the paraphernalia he also finds a small amount of marijuana “shake” inside the grinder. The student is then charged with both possession of drug paraphernalia and possession of marijuana second. When an officer approaches the car, they not only are trying to see if the driver has a driver’s license and registration, but they are also checking for the presence of alcohol and the smell of marijuana.  Officers are very perceptive of the smell of “green“ marijuana and its odor is likely to initiate the search of the vehicle. The laws regarding the possession of drug paraphernalia in Alabama are outlined below. 

Drug Paraphernalia: Alabama Code § 13A-12-260

Alabama Code § 13A-12-260 defines drug paraphernalia as:

  “all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing… or otherwise introducing into the human body a controlled substance in violation of controlled substance laws of this state.”

This definition covers a variety of materials, including: any variety of pipe (water pipes, vape pens, bongs, etc.), any item used to store or measure illicit materials (grinders, scales, testing equipment), and many more less conspicuous items. Now, it’s true that some of the objects listed can be possessed without illicit intentions, so the statute also lists the factors used in determining whether an object is truly “drug paraphernalia.” These factors include, among others: Statements made by anyone involved with the object at hand, their prior convictions relating to controlled substances, the existence of controlled substance residue on the object, and proximity “in time and space” to controlled substances or other violations of the statute.

Penalties for Drug Paraphernalia Charges in Alabama

The penalties for possession of drug paraphernalia, like those of marijuana possession, vary in degree depending on the circumstances. If the charge is a first-time offense, it will be a class A misdemeanor, a crime with penalties of up to a year in jail and fines.

Penalties for Cultivation, Sale, and Trafficking of Marijuana in Alabama

According to Alabama Code § 13A-12-231, any person who “knowingly sells, manufactures, delivers, or brings into this state… in excess of one kilo or 2.2 pounds of any part of the genus cannabis” is guilty of a felony known as “trafficking in cannabis.” The penalties for trafficking are much harsher than those for possession and include a mandatory prison sentence (along with fines) dependent on the amount of marijuana involved, ranging from three years in prison and $25,000 in fines to a life sentence without parole.

How Are You Likely to Be Caught with Marijuana in Alabama?

Despite the changing reputation of marijuana in the United States, police officers in Alabama will not simply let it slide if you are found with any amount of marijuana. Even slight specks of unused marijuana or minor residue on paraphernalia are likely to be discovered if these objects are on your person at the time of contact with police. As usual, the best way to avoid marijuana charges is to avoid drug use entirely, but if you have been charged with any marijuana-related offense, immediately seek the counsel of a qualified criminal defense attorney with experience in drug related cases. Attorney Jeff Tickal has considerable experience within this realm, especially with Auburn students, and has the local knowledge required to successfully defend your case in the Auburn Municipal Court system.

If you have any further questions, contact us (334) 737-3733.

possession of marijuana charges in auburn, alabama

Possession of Marijuana Charges in Auburn, Alabama

By | Auburn Local, Drug Offenses | No Comments

As of 2017, twenty-six states and the District of Columbia have laws which legalize marijuana in some way, whether for recreational or medical purposes. Alabama, however, is not one of these states. So, while breaking marijuana laws may seem like casual civil disobedience, in Auburn, it is very much still a crime to possess, use, or cultivate marijuana in any form. In this article, we will explore possession of marijuana charges in Auburn, Alabama.

Marijuana Possession Laws in Alabama

In 2015, marijuana possession resulted in 26 percent of all drug related arrests in Alabama, the highest number of any other drug; and, while some organizations are arguing for reform of Alabama’s marijuana laws, this change has yet to come to Alabama. According to Alabama statutes, there are two different degrees of possession offenses, each with their own definitions and implications. First degree possession is a felony, while second degree is a misdemeanor; however, neither charge looks good on a criminal record.

Second Degree Possession of Marijuana: Alabama Code § 13A-12-214

Second degree marijuana possession is a charge meant for individuals facing their first marijuana related offense. According to Alabama code § 13A-12-214, a person commits the crime of possession in the second degree if, “he possesses marijuana for his personal use only.”

But how is “personal use” determined? “Personal use” is more of a fact specific definition.  Even if the amount of marijuana is small, if it is divided up for sale or is in some format that isn’t traditionally for personal use.

Personal use is a flexible amount. We have had to make the argument that a 1.5 pound was for personal use when the Defendant was a heavy smoker. It is not a good argument to try to make to a jury.

Note: anything over 2.2 pounds is considered trafficking marijuana in Alabama. As long as the defendant has no prior marijuana convictions, second degree possession is a class A misdemeanor, and penalties for this offense can include jail time of up to one year and fines.

First Degree Possession of Marijuana: Alabama Code § 13A-12-213

First degree marijuana possession is a felony offense, and is a charge intended for individuals who possess marijuana in an amount over the “personal use” classification, or individuals who have been previously convicted with possession of marijuana in the second degree. As codified in Alabama Code § 13A-12-213, possession in the first degree is a class C felony, a charge with penalties of up to 10 years in prison and fines.

How Do Most Auburn University Students get Caught?

Often, students are charged with possession because they are in possession of marijuana paraphernalia and haven’t cleaned it properly. For example, if you have a grinder in your vehicle, a police officer may smell the marijuana, search the vehicle, find the grinder, and find trace amounts of marijuana left on the grinder. The student is then charged with both possession of drug paraphernalia and possession of marijuana second.

If you have any further questions, contact us at (334) 737-3733.

Photo by Michael Fischer from Pexels

What is Auburn’s Title IX Policy

By | Auburn Local, University Discipline | No Comments

What is Auburn’s Title IX Policy?

 The term “Title IX” refers to the ninth section of the Education Amendments Act of 1972, a federal law which protects students and employees of federally funded education programs from discrimination based on sex. Initially intended to ensure equality of opportunity and environment for female athletes, Title IX states that:

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal funding or assistance.”

In the context of Title IX, it is the responsibility of universities to prevent discrimination in areas such as, “recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education, and employment,” though, recently, Title IX has been referenced mostly in investigations of sexual misconduct and harassment.

Title IX requires Universities to maintain a formal policy on sexual harassment and misconduct, to have a specialized “Title IX Coordinator” on campus, and to conduct investigations and formal procedures in the event of a violation.

Who Does Auburn’s Title XI Policy Policy Apply To?

 According to Auburn’s policy on sexual and gender-based misconduct, the rules and penalties of Title IX apply to all students and employees of the university. If a student or employee commits or is the victim of prohibited conduct, the policy applies when:

“(1) the conduct occurs on the University campus or other property owned or controlled by the University or by an officially recognized University organization;

(2) the conduct occurs in the context of a University employment or education program or activity, including, but not limited to, University-sponsored study abroad, research, on-line programs, or internship programs; or

(3) the conduct occurs outside the context of a University employment or education program or activity, but has continuing adverse effects on or creates a hostile environment for Students, Employees or Third Parties while on the University campus or other property owned or controlled by the University or in any University employment or education program or activity.”

If a student or employee of Auburn is involved in an incident occurring under these circumstances, they are subject to the procedures and penalties set in place by the university.

How Should I Report a Title IX Violation?

Auburn encourages anyone who has become aware of the occurrence of prohibited conduct to report the incident to the university or local law enforcement as soon as possible. Reports of conduct violation can be made by contacting Auburn’s Title IX Coordinator (as listed in under that heading here) or by filling out a report online at bit.ly/aureport. In the event that prohibited conduct has been reported to both law enforcement and the university, an investigation will likely be initiated by both entities.

What Happens If I Report A Conduct Violation to the Title IX Coordinator?

In the event that a person reports an incident of prohibited conduct, Auburn’s Title IX coordinator will make an initial assessment of the case. The first goal of the coordinator during the initial assessment is to assess and ensure the complainant’s immediate safety, making sure the individual receives medical care if needed and informing them of their right to contact law enforcement. After the complainant’s safety is taken care of, the coordinator will offer relevant university resources and determine which type of resolution the complainant wants to pursue: alternative, formal, or neither. Once a decision of action is made to investigate or take some other form of action which will affect the person accused of conduct violation, this individual will also be made aware of any resources or options available to them. A convenient infographic illustrating the misconduct reporting process can be found here.

 

What Resources Are Provided by Title XI?

The university has many resources available for those affected by sexual misconduct such as: medical examination, protective measures, and counseling. A comprehensive list of community and university resources can be found here.

What Actions Will Auburn Take in the Event of a Title IX Conduct Violation?

If no alternative resolution can be found, the Title IX coordinator will designate an investigator from the University’s Affirmative Action/Equal Employment Opportunity office and a formal investigation will begin. Both parties (complainant and respondent) will receive written notices containing all the basic case information gathered to that point and will be encouraged to preserve any possible evidence, which they will later submit to investigators along with any other relevant information. The entire process is slated to take no more than 60 days from commencement to resolution, and each party has the right to an advisor, such as an attorney, throughout this period.

What Should I Do If I’ve Receive a Title IX Violation Letter

If you’ve been accused of engaging in prohibited conduct against another Auburn University student or employee, and your accuser has chosen to report this conduct to the campus title IX coordinator, the process of investigation will start with a letter. The letter will explain the general gist of the accusation made against you, and will request that you schedule a meeting with the Title IX coordinator. DO NOT respond to the letter immediately. The first thing you should do is contact an attorney; preferably one with experience in sexual harassment defense. It’s important to remember that anything you say or do can be used against you during the investigation, so it’s best to consult your attorney before taking any action or speaking to anyone about the accusation.

The Title IX investigator will also mention in the letter that you should gather and preserve any case-related evidence; this is a good idea. Any text messages, sent or received pictures, or social media posts or messages should be printed out and kept in a file, as the information contained within these items could ultimately help to prove your innocence.

It is also incredibly important that you do not contact the accuser in any way, form, or fashion. Absolutely no phone calls, texts, snapchats, messages relayed through friends—nothing. Even if you think apologizing seems like a good idea, DO NOT act on this urge, as it is an admission of guilt which will be used towards your conviction. Even speaking about the case with friends is a bad idea, as they could be asked to testify during the proceedings.

The investigation and proceedings which follow your receipt of a Title IX violation letter require delicate action and strategic communication from your defense, and your only your attorney will know how to respond to the letter in a way which will preserve your innocence and prevent any accidental admittance of guilt.

What Factors Will the Investigation Consider to Determine Responsibility?

During the investigation, investigators will take into account any relevant medical and counseling records, prior or subsequent conduct, prior sexual history, and any available information gathered from coordination with law enforcement.

What Are the Possible Sanctions Under Auburn’s Title IX Policy?

Once the investigator finds sufficient evidence to determine responsibility for the incident, either party may submit a statement for consideration in determining sanctions. One or more sanctions will be applied based on factors such as: severity of prohibited conduct, whether the conduct was violent, impact of prohibited conduct on the victim, any prior misconduct, whether the respondent accepted responsibility, or any other relevant factors.

Possible sanctions against the respondent include:

 

“• Expulsion: Termination of student status for any indefinite period.

  • Suspension: Exclusion from classes and other privileges or activities or from the University for a definite period of time.
  • Suspension held in abeyance: Exclusion from classes and other privileges or activities or from the University for a definite period of time to be enforced should another violation occur.
  • Restitution: Reimbursement for damages or misappropriation of property.
  • Disciplinary Probation: Exclusion from participation in privileged or extracurricular activities for a definite period of time.
  • Reprimand: A written censure for violation of the Policy (and, if applicable, the Prohibited Harassment policies and/or the Code of Student Discipline) placed in the Student’s record, including the possibility of more severe disciplinary sanctions should another violation occur within a stated period of time.
  • Warning Notice: A notice, in writing, that continuation or repetition of conduct found wrongful, within a period of time stated in the warning, may be cause for more severe disciplinary action.
  • Admonition: An oral statement that the Student violated the Policy (and, if applicable, the Prohibited Harassment policies and/or the Code of Student Discipline).”

 

What Will Be the Final Outcome of a Title IX Investigation?

Investigators will release a final report, enacting any applied sanctions, to the Title IX coordinator within 5 days of receiving the parties’ impact and mitigation statements.  Within 2 days of receiving the report, the coordinator will provide both parties with a “Notice of Outcome” which explains the violations of conduct committed, how the findings were determined, the sanctions that will be applied on the respondent, and the rationale used to determine the sanctions. At this point, both parties have up to 10 days to submit a written appeal in the case that they find a procedural error that effected the case’s outcome, a lack of sufficient evidence, disproportionate sanctions with respect to the violations committed, or any new, substantial evidence. If the decision is made to accept the appeal, that decision is final; if not, a “Notice of Final Outcome” will be released to both parties, and any sanctions or remedies will be set to action.

How Will a Title IX Violation Appear on my Transcript?

If a student is found responsible for an act of prohibited conduct and has undergone the investigation process to its full extent, a note will be attached to the student’s academic transcript, containing such language as “[Suspended, Expelled, or Withdrew While Under Investigation] for a Violation of the University’s Policy on Sexual and Gender-based Misconduct and Other Forms of Interpersonal Violence.” It is possible to have the letter removed, however, in the case that the student has completed the duration of any applied sanctions and is determined to be in good standing with the university. Generally, it is a good idea to expunge any student conduct violations or criminal charges from your record before graduating, because a tarnished record can have long-lasting negative effects on graduate school and career prospects.

Criminal Record and Auburn University Student Conduct Expungement

By | Auburn Local, Personal Records | No Comments

Criminal Record and Auburn University Student Conduct Expungement in Auburn

 What Does Expungement of a Criminal Record Mean?

Expungement in Alabama is the legal process, completed through the appropriate circuit court, by which a person’s prior criminal charges (misdemeanors, municipal ordinance violations, non-violent felonies) can be destroyed or removed from their criminal record.  The main advantage of expungement is that the individual’s record will no longer be accessible for public purposes, such as employee background checks.

What is the Difference Between Record Expungement and Record Sealing?

Expungement is a complete removal and destruction of the record, erasing any evidence of past criminal charges. A sealed record still technically exists on an individual’s criminal record, but the details are concealed and are not viewable through conventional means. The only way a sealed record could be viewed is through a court order or a high level security check (such as those performed on prospective doctors, lawyers, or policemen).

Why Should I Expunge My Record?

The main reason a person would petition for expungement would be to clear his/her record of any prior arrests or criminal charges for things like: grad school applications, employee background checks, loan applications, housing, insurance, etc.  Tarnished criminal records can ultimately slow or prevent your advancement through life in many ways, so it’s best to take the opportunity for a clean slate and expunge your record as soon as possible.

Can My Auburn University Student Conduct Record Be Expunged?

Yes. It is little known that Auburn recently enacted a rule that in certain circumstances allows for expungement of any records regarding student conduct violations, which otherwise would appear on any official transcript sent to graduate schools, prospective employers, and scholarship applications. In order for a student to be eligible for expungement, a written request must be made during their graduating semester (or after). According to the Auburn Code of Student Conduct, This letter should include “what they (the student) have learned from the incident, how their behavior has changed since the incident and any steps taken to address the behavior.” If the student has committed more than one conduct violation, it is unlikely that their record can be expunged, but the ultimate decision is entirely at the discretion of the Director of Student Conduct. An expunged record will be kept by the university according with rules set in place by Title IX, but other than that, an expunged student record cannot be released to anyone unless legally required.

The Auburn Code of Student Conduct States,  “A student may, during the semester of their graduation or thereafter, request in writing that their disciplinary record be expunged. In order for their record to be evaluated for possible expungement, the student must demonstrate that he/she has applied to graduate by submitting a copy of the approved application for graduation or a signed letter from the student’s academic advisor confirming that the student is eligible. In the written request, the student should include what they have learned from the incident, how their behavior has changed since the incident and any steps taken to address the behavior. Generally, the student record will not be expunged if the record includes more than one violation of the Code of Student Conduct, sanction(s) that were not completed by the required deadline, an incident resulting in personal injury, property damage, providing alcohol to minors, possession and/or distribution of drugs, violation of the weapons policy, disorderly conduct, sexual misconduct, discrimination, harassment, criminal behavior or suspension/expulsion. Expungement decisions shall be made at the sole discretion of the Director of Student Conduct. An expunged record will not be released except as required by law but will be maintained internally according to the guidelines listed in XI.A. In addition, reports and/or other correspondences maintained by other university departments, local and/or campus police, or another reporting agency are not subject to this expungement policy. Additionally, previous disciplinary record checks reported by the Office of Student Conduct or another university department will not be affected by this process.”

What Are the Steps of Expunging a Criminal Record?

The process of expunging your criminal record takes several months to complete, and requires the filing of a petition for expungement to the appropriate circuit court. Before the petition can be filed, however, there are a series of steps that must be followed, which include: obtaining a background check from the Alabama Law Enforcement Agency, preparing a petition for expungement, filing the petition and background check together in the appropriate court, and notifying of the prosecution of the petition. Only after these steps are completed can the order be entered by the Court for the expungement process to begin.

How Does the Court Decide Whether to Expunge My Record?

There is a list of 10 factors provided by Alabama Code §15-27-5 which the court will take into consideration to decide whether to grant your expungement.

Do I Need a Lawyer to Get My Record Expunged?

Technically, an individual can file a petition for expungement on their own, though it is not recommended. Expungement is a complicated technical process involving a series of detailed procedures which must be completed accurately in order to be considered by the Court.  An attorney with experience in criminal defense will have the expertise needed to file the petition accurately and follow up with the Court’s requirements, which will help to ensure that your petition is accepted and that the process runs smoothly.

How Much Will It Cost to Get my Record Expunged?

There is a $300 filing fee for each individual case that you wish to be expunged. So, if you have multiple charges you wish to have erased, you will pay a separate filing fee for each one. Besides the filing fee and a $25 charge to receive your background check from the ALEA, the other costs will be whatever is charged by your attorney for preparing and filing the Petition.

How Long Will It Take to Get My Record Expunged?

This depends partially on how your case was resolved. If your case was dismissed with prejudice, you can file for expungement immediately, but if your case was dismissed without prejudice, you may have to wait two years before the process can begin. Once the process is started, however, it will take 4-6 months to complete.

Will There Be a Hearing to Get My Record Expunged?

Possibly. After your petition is filed, the district attorney or alleged victims have up to 45 days to file an objection to your expungement. If a written objection is filed within this period, the Court will schedule a hearing. If no objection is filed, the Court will have enough information to make a ruling, and no hearing will take place.

 Can I Get My Record Expunged If I Have Unpaid Fines, Fees, Or Restitutions?

No. Any court costs, restitution, fees, or fines must be paid off entirely before an order can be issued to expunge your record.

 Can Criminal Convictions Be Expunged?

No. Only non-felony or non-violent felony charges which resulted in a non-conviction are eligible to be expunged. Examples of eligible cases include instances such as: dismissal with or without prejudice, dismissal after completion of a drug court or pretrial diversion program, or any arrangement or plea which resulted in a non-conviction.

How Not To Get Arrested at Alpha Psi Rodeo

By | Auburn Local | No Comments

How Not to get Arrested at Alpha Psi Rodeo was originally posted prior to the 2016 Rodeo, but the lessons are true for 2017 and beyond.

By:  Jeffrey G. Tickal, Esq.

Gullage & Tickal, LLP

334-737-3733

Spring is in the air, and it is now about time for the 2016 Alpha Psi Rodeo to be held on April 2, 2016 at Ingram Farm, Opelika, AL, about 25 miles outside of Auburn.

running-across-the-porta-pottys-while-people-threw-beer-at-you-was-the-favorite-pastime-e1402003400129For the last 15 years I have been representing students who have been arrested at the Alpha Psi Rodeo or on their way home.  In 2015, 45 people were arrested at the rodeo site.  This number is misleading because it does not reflect all of the arrests for DUI’s, Public Intoxication, or Public Lewdness in Auburn as part of the Rodeo’s aftermath.  Because the Alpha Psi Rodeo is no longer held within Auburn City limits, jurisdiction for any criminal charges is now the District Court of Lee County, Alabama.  Luckily, Lee County has started a pre-trial diversion program similar to Auburn’s.  However, this program does not preclude you from being arrested, detained and having a criminal record.

This article is taken from my “Top Ten Things That Will Get You Arrested at Auburn”  Seminar.

·      Driving Under the Influence – “Hey man, am I driving ok?  I think we’re parked man.”  Just because you are at the rodeo and not on a public highway does not mean a police officer cannot arrest you for DUI. If you are in actual physical control of the vehicle whether it is on a public highway or in a grassy field while under the influence of alcohol or drugs you can be arrested for DUI.  In fact, you can be asleep behind the wheel of a car that is parked and still be arrested for DUI.  Although the event is not in Auburn, I am sure that the Sheriff will be on patrol on the roads back to Auburn, and the Opelika and Auburn Police Departments will most likely have a net set up to catch intoxicated drivers entering their jurisdictions. Get a designated driver and don’t drink and drive!

·      Public Intoxication – “I did not want to be drunk in public, they threw me into public.”  Essentially, a charge of PI is when a person appears in public and is under the influence of drugs or alcohol to such an extent that he is a danger to himself or others, is boisterous, or displays offensive conduct that annoys another person in his vicinity.  The PI charge usually means that you either are so drunk that they find you lying in the bushes, vomiting or passed out, or you have done something to “annoy” the police officer.    It has been my experience that a PI charge usually involves the student doing something to bring attention to himself.  That is, the police officer is going to check on you if they find you sleeping or ill.  There are also going to make contact with you if they find you on the top of a porta potty with a handle of Jim Bean.  Once the police officer makes contact with you, how you respond usually determines whether or not you are going to get charged with PI or be allowed to move along.

·      Public Lewdness – “Don’t get naked in public.”  Public Lewdness is the negligent exposing of the genitals to the public.  Public Lewdness is not indecent exposure in that it does not require the gratification component.  Essentially a public lewdness charge begins with a young male who takes the opportunity to relieve himself in public.  Once again, peeing in public not only exposes you to the public but draws the attention of the police officer.   The charge of public lewdness will be carried with you through the rest of your life.  Quite often the charge is changed to criminal littering, however, if the police officer or sheriff does charge you with public lewdness, it is a charge that needs to be handled seriously.  The best way to avoid this charge is not to expose yourself in public.  Public lewdness charges also involve mooning, streaking, and other activities where the person decides to get naked in public.  The advice here is “not to get naked in public” and avoid relieving yourself in the site of others.

·      Minor in Possession of Alcohol —  “That’s not my beer.”  The legal drinking age in Alabama is 21.  Having possession of alcohol by a minor is a criminal offense in Alabama and subjects the person not only to the criminal charge but also the loss or suspension of their driver’s license.  Don’t believe what people tell you in that the officer is not going to charge you with a minor in possession of alcohol. If the police officer does see you with alcohol he has every right to charge you with possession or consumption of alcohol by a minor.  Although this may not be a priority for the officers at the rodeo that day, it is something they can charge you with if they make contact with you.  If you are going to make yourself noticeable, you might not want to have alcohol in your possession if you are not of legal age.  Over this last several years, the ABC Board would be present at the Alpha Psi Rodeo.  Their main purpose was to arrest those minors for the possession and/or consumption of alcohol as well as other alcohol related offenses.  It was kinda their super bowl of the year for minor in possession of alcohol cases.

·      Fake ID’s – “Yes, I am Nick Pappagiorgio from Yuma”.  Leave your fake ID at home.  There is no sale of alcohol at the Alpha Psi Rodeo.  If you produce a fake ID at the rodeo to an officer, you are committing a criminal offense.  In fact, the mere possession of some of these ID’s is a criminal offense.  I have recently represented several students charged with possession of fraudulent or forged document.  This is a serious offense because it is a crime of moral turpitude.  We have had to work diligently to try and get them out from under those charges.  Presenting a fake ID to an officer is a much more serious offense in that not only are you in possession of a forged document but you are now presenting it in an attempt to deceive or obstruct police activities.  Once you do this you will find yourself quickly in the back of a patrol car.  Do not carry your fake ID to the Alpha Psi Rodeo.

·      Possession of Marijuana – “Ooh that smell, can’t you smell that smell?”  Police officer catches the smell of marijuana in the air like a blood hound on a trail of a raccoon.  He will follow that smell until he finds its source.    There is no hiding it.  The police will not overlook the smell, possession, or use of marijuana at this event.  Any person found with marijuana or drug paraphernalia at the rodeo will be arrested.   It is simple as that.

·      Disorderly Conduct – involves either fighting, obstructing vehicular of pedestrian traffic, making unreasonable noises, or disturbing a lawful assemblance of persons.  It also involves being in public and refusing a lawful order by the police to disburse.  Much like PI, disorderly conduct charges do not simply arise from being in public.  Normally, you must do something to bring attention to yourself, i.e. fighting, using obscene gestures, or failing to comply with the lawful order of the police.  Quite often, PI and disorderly conduct go together.  Police officers will first make contact with somebody and ask them to move along.  The response should be “yes sir/ma’am” and do whatever you can to get out of the line of sight of that officer.  However, it has again been my experience that when alcohol is involved students seem to take this opportunity to talk to the police officer and explain why they can’t move along, i.e. their friend is here, their ride is here, their purse is here, or they’ve left their cell phone or they just don’t want to.  At this point the officer is becoming “annoyed” and you may have violated a lawful demand to disburse.  Normally these arrests start near the end of the rodeo rather than the beginning.  That is, the officer has just probably had enough of the students near the end of the rodeo.   Again, the moral of the story is not to attract attention to yourself and to listen to the officer when he tells you to move along.

·      Resisting Arrest – “Don’t taze me Bro!”  You have now found yourself under arrest.  How you react to the arrest by the police officer will determine the ultimate outcome of your case.  It is much more difficult to represent a student who has threatened a police officer, threatened his job, told him he was going to have the mayor fire him, or attempt to kick out the rear window of the patrol car.  Not only is resisting arrest another charge, it normally results in some sort of jail sentence which might otherwise be avoided.  If you are attempting to apply for youthful offender or pre-trial diversion program and the police officer objects due to your conduct during the arrest, the Court may not grant you admission into the pre-trial diversion program and/or youthful offender status.  Therefore, if the officer tells you that you are under arrest, do not jerk away, run, cry, or threaten the police officer. Also, remember that anything you say while sitting in the back of the patrol car is recorded.  Once again, it is very difficult to plead a student’s case before the judge when he is watching  a video of that student in the back of the patrol car threatening the police officer, cussing, and otherwise acting inappropriately.  Once it is determined that you are being arrested, the best thing for you to do is to comply with the police officer’s terms, remain quiet, and call AAA Bonding.  (Jimmy, at AAA Bonding, is very responsive.  Mention my name.)

The above list is not an exclusive list of items and not meant to cover all of the items that you can be charged with while at the Alpha Psi Rodeo.  However, keep these things in mind may help prevent you from getting arrested and enjoying yourself at the Alpha Psi Rodeo.    Each of the items listed above can be equally applied to spring break or going out on a Friday night.

If you have any questions regarding any of the above, please feel free to contact my office at 334-737-3733.  We will be available the Saturday and Sunday of the rodeo if you wish to call us or need assistance.  However, after the arrest, the best thing to do is remain calm, bond out, and make an appointment with me for the following week.  I wish you all a safe and fun rodeo.

Copyright

Gullage & Tickal, LLP