students copying from each other risk being accused of plagiarism

What a Criminal Defense Attorney Tells His Children About….Plagiarism

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Plagiarism has always been a critical topic for students. Even back when I was in school (and all of our resources were in books and newspapers) the consequences for submitting unoriginal work were severe. Back then, it was rare and scary to be accused of plagiarism. 

But nowadays the subject is a lot more complicated. Today our default answer for finding information is “Just Google it,” and because of the unlimited number of resources available online, the internet has made it easier than ever for students to find and steal (whether intentionally or unintentionally) others’ words and ideas for their own use. 

Even apps like Snapchat have also made it easy for students to share information and ideas amongst one another without any record of them doing so. There are also plenty of websites where you can pay others to write your papers for you. 

But stealing, or using someone else’s idea for your own work is still plagiarism. And because the internet has made plagiarism more prevalent, schools seem to be cracking down and taking these cases much more seriously, to the point where students can be at risk of expulsion if caught plagiarizing. 

What is Plagiarism?

According to Plagiarism.org, plagiarism can be defined in two ways: 1) using another’s words or ideas as your own without properly crediting the source, or 2) a deliberate act of fraud – using someone else’s work and then lying about it.

If the plagiarism infringes on an author’s intellectual property rights (usually a copyright) it can result in federal criminal charges.

Copyrighted work:

“As soon as you create any original work (story, joke, song, idea, research) and record it – in a book, article, document on your computer, song, or anything tangible – you own the copyright, and US law grants you the rights to that intellectual property.”  You do not have to apply for any type of formal copyright. These intellectual property rights extend to works that are both published and not published. Even if you only have the draft of a term paper in a Word document on your laptop, it’s still considered copyrighted work that you have the rights to. 

Now, the Fair Use doctrine of US copyright law provides that you can refer to copyrighted work via paraphrasing, summarizing, or directly quoting it within your own work as long as you cite the source, meaning you must give credit to the author. This may sound very simple, but there are plenty of ways that students run into trouble.

A few situations that may get you accused of plagiarism:

Despite what you may believe, plagiarism is not just copying another person’s words verbatim. It can take on many different forms. Here are some of the different ways you can plagiarize, whether intentionally or not:

  • Copying another’s words directly without proper citation (the most obvious form of plagiary)
  • Self plagiarism – Submitting your own previous work, or large portions of it without approval by the professor for which you originally wrote the piece
  • Taking the idea of a piece and not properly citing it
  • Citing non-existent sources
  • Paraphrasing, or using certain phrases from a work without citing it
  • Combining the work of multiple sources so that it flows together well (like it’s a completely new piece), without properly citing all of the sources
  • Changing key words in another person’s work so that the copy is not identical, but you are maintaining the essential content of the piece without citation
  • Copying another’s material on an exam, or take home exam (Harvard even dismissed 70 of its students back in 2013 for doing this)

How Schools Check for Plagiarism:

Nowadays there are many online resources available to help professors figure out if a student’s work is the result of plagiarism. Programs such as Turnitin.com, and CopyLeaks allow professors to upload a student’s essay online, where it will be cross-referenced against an extensive library of work, including academic journals, newspaper articles, books, etc. The program then scores each work based on originality, and highlights any sections that may be plagiarized. Some even provide links to the source from which the text was plagiarized. 

As old fashioned methods may be outdated but in no way dead, many school officials still rely on intuition. They’ve had years of experience reviewing students’ work, and in certain cases they are able to discern whether an essay or report is significantly above the level that student would be able to produce. In fact, in many cases intuition may be the driving force behind running a student’s paper through one of these programs in the first place, which is why it is best to play it safe and make sure you are properly citing throughout your work. 

How schools handle plagiarism:

Schools take plagiarism very seriously and employ a number of different punishments for those students that commit plagiarism. These include:

  • Failing the assignment
  • Failing the class 
  • Disciplinary proceedings
  • Permanent mark on your transcript
  • Suspension
  • Expulsion 

Though not a punishment inflicted by the school, another serious consequence of being accused of plagiarism is compromising your own reputation. 

How to Avoid Plagiarism:

The best way to avoid plagiarism is through proper citation. Now, of course, you don’t want to go to opposite extremes and have a citation mark at the end of every single sentence either. If you’re doing that then you’re probably using too much of someone else’s idea and not enough of your own original thought. 

Preventing plagiarism is a balancing act. When in doubt, definitely put in a citation, and make sure you are properly crediting the source by putting the author’s name, the date of publication, and where you found the material (usually schools provide guidelines on how to do this). Another option is always to speak with your professor. It’s better to go to them upfront for clarification than to have them question you after you’ve turned in your paper. 

Have You Been Accused of Plagiarism?

I am a college disciplinary defense attorney, practicing primarily in the Northeast US. Feel free to contact me for an exploratory call at no charge, via text message or phone. For more information please see my college disciplinary defense website.

What a Criminal Defense Attorney Tells His Children About… College

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For most high school students, attending college is an American experience to which they greatly look forward. We’ve all seen it in movies – college is the place where you get to live away from your parents, make a lot of great new friends, join clubs, teams, fraternities/sororities, go to a lot of amazing parties, and even attend class once in a while (hopefully!) And while college can be a very rewarding and life-changing experience, for many teenagers it’s their first taste of real freedom. With that freedom comes real responsibility. That’s why it’s important to educate your kids on the school’s code of conduct before sending them off on their own.

A school’s code of conduct encompasses the rules students are expected to abide by while enrolled in the institution. If a student violates any of those rules, he/she will be subject to disciplinary action. In some cases, the consequences of these actions can have a devastating impact on your child’s future, with punishments as severe as expulsion.

I’ve represented students facing disciplinary action for over twenty years now, and in my experience, the areas where students tend to get into trouble are: Drugs/Alcohol, Plagiarism, and Title IX Violations.

Drug/Alcohol Violations

It’s common knowledge that many college students consume both drugs and alcohol while at school. But getting caught with them can still pose problems. Your child may be charged with a violation of a school’s conduct code for possessing alcohol as a minor; possessing, selling or distributing drugs; or being intoxicated while on campus.

In most cases, punishment for a first offense is usually a lecture series, and maybe probation. But after that punishments range from additional probation, to removal from campus, suspension and sometimes even expulsion. Drug/alcohol violations related to hazing can also have very severe consequences.

Plagiarism Violations

Nowadays, the plethora of free information available online has created a double edged sword for students. On one hand there is a lot more information available that can aid them in their assignment, and on the other hand they may not fully understand exactly when they’re committing plagiarism. The internet has also created more resources for professors to catch them in the act.

Schools take plagiarism very seriously and employ a number of different punishments for those students that commit plagiarism. These include:

  • Failing the assignment
  • Failing the class
  • Disciplinary proceedings
  • Permanent mark on your transcript
  • Suspension
  • Expulsion

Title IX Violations

Under Title IX of the Education Amendments of 1972 and its subsequent interpretations by the Department of Education’s Office of Civil Rights, allegations of sexual assault on college campuses are treated very seriously. Since 2011, the burden of proof that is required to prove that a sexual assault is much lower than it is in a criminal court setting, making it very easy for those accused to be convicted.

Affirmative Consent is the standard used in New York State any many colleges across the country to determine whether a sexual act was consensual the burden is on the accused to show that the other party, by words or by actions, knowingly and voluntarily agreed to the interaction.

In many situations, the complainant will state that they were incapacitated and thus were not able to consent due to being unable to make their own decisions or care for themselves, Usually the cause of the incapacitation is drugs or alcohol. While the use of drugs or alcohol use does not make you automatically incapacitated, it can be used as evidence of incapacitation. Hence parties, where drugs and alcohol are involved, are the most dangerous situations for students to engage in sexual activity.

The path that Title IX cases take to leave the accused with some serious disadvantages. The Federal Government, with the well-intentioned purpose of protecting women on college campuses, unfortunately, executed that purpose by severely depriving the accused of his rights. Some of the difficulties in defending a Title IX case are:

  • The cross-examination of the complainant is not mandatory. In fact, a Title IX case can be brought against a student when the complainant doesn’t testify or even participate in the process.
  • The standard of proof is “By a Preponderance of the Evidence” which means just a bit more than 50%. Previously most schools used the “Clear and Convincing” standard.
  • If the Accused is found to be not responsible, the ordeal may still not be over. The complainant has the opportunity to appeal the not responsible decision

Students who are convicted of the offense may be expelled from school and have permanent marks on their academic records that can follow them for life, regardless of whether or not they are criminally prosecuted and convicted.

Preparing Your Children for College

In my experience the best way to help your college-bound children avoid trouble is by educating them on 1) the potential consequences of their actions, and 2) providing them with realistic ways to best avoid compromising situations. Here are a couple of tips for each of the above violations I mentioned:

Drug/Alcohol Violations

Potential Consequences: Lecture, probation, suspension, even expulsion depending on number of offenses and severity.

Ways to be Safer: Don’t drink/do drugs on campus (while unrealistic, it is still the best way to avoid trouble). If you’re going to participate, do so in a private location, and avoid hanging out in any outdoor areas while intoxicated. If a party gets overcrowded, leave before campus safety (or worse, the cops) break it up.

Plagiarism Violations

Potential Consequences: Failing grade on the assignment, failing the class, mark on transcript, suspension, expulsion.

Ways to be Safer: When in doubt, cite your work. It’s better to have too many citations than not enough. Talk to your professor BEFORE handing in an assignment if you are confused.

Title IX Violations

Potential Consequences: Suspension, expulsion, permanent mark on your record.

Ways to be Safer: Avoid any sexual situations involving alcohol/drugs. Look up the affirmative consent law of the state in which your child is attending college and educate him on exactly what it requires.

For further reading: The Most Common Code of Conduct Violations in College.

college students experience possible hazing violations

What a Criminal Defense Attorney Tells His Children About Pledging a Fraternity or Sorority

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On many campuses, college culture is synonymous with Greek life. Every year students attend rush events hoping to be picked to pledge a fraternity or sorority both to be part of a social group, and to enjoy what is usually an active party scene. With the spring semester now in full swing, many students are deciding when/if to pledge. And while there may be many benefits to joining one of these on campus organizations, there is one very dangerous obstacle that often stands in the way of a pledge becoming a member of the organization; hazing.

Usually acceptance into a fraternity or sorority entails engaging in a series of mandatory tasks or exercises imposed by upperclassmen. Many of these activities are completely harmless, such as learning to recite the Greek alphabet, memorizing the organization’s history, interviewing current members, or participating in philanthropic events. However sometimes the activities are taken too far. The problem starts when, to gain acceptance to the group, students are put through any number of ordeals that can be classified as hazing violations.

What are Hazing Violations?

Hazing is defined as; the imposition of strenuous, often humiliating, tasks as part of a program of rigorous physical training and initiation. Placing a group of 19-21 year olds in charge of imposing strenuous and humiliating tasks upon lowerclassmen does not inspire much confidence, especially when it comes to safety. The problem only gets worse when you realize that most hazing involves alcohol and drug use, both by the members doing the hazing and the pledges acting on their orders.

It’s common knowledge that hazing often involves binge drinking. There have been plenty of news stories where the combination of pledging and alcohol consumption has gone seriously wrong, causing accidents, injuries, hospitalization, and in some cases death. In February of last year college sophomore Timothy Piazza made major headlines when he died from falling down a flight of stairs and suffering serious internal injuries after being forced to drink lethal amounts of alcohol during hazing at a party.

Even on college campuses that don’t have fraternities or sororities students can still be at risk as this behavior can occur on athletic teams, or within other student organizations.

It’s almost impossible to completely avoid risk when pledging, and that’s why it’s so important to have a discussion with your kids about the potential consequences involved before you send them off to school on their own. At least that way they don’t go into the situation blind, but have some knowledge of what to expect and how to stay safe and out of trouble.

Why pledge in the first place?

It may seem obvious to us now that if someone tells you to do something you don’t want to do, you just say no. But when you’re a college student new to campus it’s very easy to succumb to the pressure of wanting to be part of a group, and doing whatever it takes to make that happen.

When I was in college I pledged a fraternity. I didn’t plan on it, and it’s not something I ever discussed with my parents. But 3 weeks into my freshman year, I was given a bid and became a pledge. I participated in plenty of nonsense, and thankfully most of it was pretty tame. But we also participated in a number of unsafe activities, in which one wrong step could have caused serious harm to one of us.

The reason I participated is the same reason most kids today do, acceptance. Acceptance by this large group of upperclassmen that want you to be part of their group. Acceptance by the other students that you are pledging with. And as ridiculous at it may be, you can’t help but develop strong bonds with the other people who are going through it with you.

In college it’s an honor to be part of a fraternity or sorority. It means you belong to a brother or sisterhood, that you’re not alone on campus. You had to earn your way into that group by demonstrating your worthiness during pledging, making you special. You now have an automatic invitation to a lot of fun parties, and a host of other students you call friends because of your membership. All of these are desirable things to many freshmen who find themselves on their own for the first time.  

The problem is when the desire to be part of the group causes kids to do reckless things that can have long term consequences.

What schools are doing to avoid the occurrence of hazing violations

While the obvious answer may seem like banning all Greek life from campus, that’s probably not going to happen anytime soon. Instead, colleges have begun imposing prerequisites to pledging, and policies that are supposed to protect new students to be the receiving end of hazing violations. These include:

  • GPA minimums 

  • The “New member” process can only be a certain designated time 

  • Participating in a hazing education course  

  • No Hazing  

  • No drinking when pledges present  

The challenge with the prerequisites is enforcement. It’s one thing for a college to declare “no hazing” but there’s little way for them to enforce this policy unless they are monitoring students 24/7.

In certain cases colleges are also taking more serious steps to punish fraternities and sororities for serious misconduct and hazing violations. At my alma mater alone (SUNY Albany) out of 21 fraternities on campus, two have been derecognized, two had their charters revoked, five are currently suspended, and four are on probation, meaning only one third of the 21 fraternities are actually in good standing with the school.

As of September of this year Monmouth University in New Jersey suspended all of its fraternities and sororities because of hazing violations.

If your kids are planning on pledging

Just as it’s unrealistic to think that schools are going to ban all fraternities/sororities anytime soon, it’s also unrealistic to think that your kids are not going to participate, or get hazed. That’s the reason why having a conversation with them about what to expect is crucial.

Make sure they know their limits. As I mentioned before, not all pledging is bad; some of the acts students have to do are harmless. However it’s critical that your kids recognize the difference between harmless pledging, and the type of activities that could cause them either physical harm, or serious repercussions with the school. They should be aware of circumstances that might put them in danger or being asked to consume alcohol to an unreasonable degree. That way at least if they are going to pledge, they can have a positive social experience without getting themselves hurt.

What a Criminal Lawyer Tells His Kids About… Social Media and School

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School Discipline in the Past

Over my years as a criminal defense attorney, I often get calls to represent students at high-school disciplinary hearings. When I first started practicing in 1998 most of those hearings stemmed from one or more of three main factors: drugs, weapons or fights.

However, challenging it might be to defend a student in cases like these, at least the charges and often the evidence was usually straightforward. If a student was charged with possessing or using drugs or weapons, that usually meant someone at the school had found some drugs or weapons on the person of my client. And it there was a fight, it would usually attract, a significant number of witnesses, able to offer numerous perspectives and statements on what had happened, and maybe why as well. Pretty straightforward. Action took place on school property. Wrongdoer is easily identified.

The Current State of School Discipline of Social Media Conduct

But today, in the age of social media, things have changed in several important ways. First, most schools, rightly or not, feel empowered or compelled to assume a wider, more active role in disciplining young people. Especially in the case of conduct using social media, disciplinary hearings are no longer restricted to what happened at school, or on the way to or from school.

As long as the school can find some sort of nexus linking the alleged behavior to the school, then they will take jurisdiction and initiate a disciplinary complaint that outlines the violations of the school’s code of conduct. So, if there are 5 classmates in a chat group, and they are texting over the weekend and someone says something harassing to the other, upon a complaint to the school, they will most likely face a suspension. I have seen schools claim jurisdiction when the students are in different schools but in the same district. I have seen schools claim jurisdiction when students are on Christmas break and texting each other from their vacation spots and when they return to school they are hit with a violation.

Social Media Offenses are Easy to Show

Another difference today is that social media is unbeatable when it comes to preserving evidence of abusive or threatening messages. The ease with which social media allows questionable messages to get circulated far beyond the knowledge or control of the sender makes it great for dispersing messages that could get you into real trouble. In fact, my experience is that schools routinely pile on penalties for social media misconduct that goes far beyond what might be expected for similar behavior not involving social media.

Here’s one example: Suppose five teenage boys are hanging out in a basement one evening, and turn to raunchy talk about a classmate who’s not present. Even if the word of that talk gets out, proving it will be extremely difficult, so probably nothing happens. But if the same conversation happens with the boys on a chat group, and someone sees it, takes offense and complains to school authorities, the result could well be multi-month suspensions.

Should Kids be Punished for Social Media Conduct?

What if someone using social media communicates to a particular person that they hate them and wishes they were dead? The reality of life is that everyone has a bad day. Everyone gets emotional or lashes out sometimes. Moments like that in the past would fade away and hopefully be a learning experience, But with social media, those moments don’t fade away, but are memorialized forever and ever. And its tough to try and get kids, emotional, hormonal, kids, who we try to tell to try things and learn from their mistakes that in this area, a mistake could change your life.

What I Tell My Kids

So, I tell my kids to realize anything they communicate on social media to another student might wind up being scrutinized by their school, and could land them in a disciplinary hearing with potentially serious, long-lasting consequences.

I tell them to always take a few deep breaths before they hit send. It’s a good practice for anyone sending out content to review the content and think to yourself, what if I became famous and everyone in the world saw this text or tweet or post.

About the Author

Scott J. Limmer is a New York criminal attorney practicing primarily in Nassau, Suffolk, and Queens counties. You can contact Scott anytime. 

What a Criminal Defense Attorney Tells His Children about… Fake IDs

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Warm weather, graduations and summer vacation will soon be here, time for parties, concerts and… getting arrested for trying to obtain alcohol with phony IDs? These days both sides of The Fake ID business are booming. Underage kids are buying fake ids in greater numbers. Under stricter New York fake ID laws, the police are arresting them more often for using and possessing them. So why is law enforcement taking such a hard line with fake ids? What has changed over the years?

Fake Ids – The 1st Generation

Maybe some of you are old enough, maybe some of you remember hearing stories about the old days, when federal authorities in 1984 used the threat of cutting off highway funds to get states with legal drinking ages lower than 21 to raise them to that age. (Who remembers those mythical people who were “Grandfathered in” when the law changed?)

You may remember a time when New York State issued paper licenses and all it took was a talented friend to change that “69” to a “64”. Even when they switched to a laminated material it still wasn’t that hard to do a little artwork and have it be acceptable for the local bouncers. And the holy grail was a 21-year-old friend who gave you his license because the bouncers just wanted to see a real one.

And if it didn’t work, it wasn’t that big a deal. You’d get refused and you either tried somewhere else or called it an early night, but that was about all that happened.

New York Fake ID Laws: What to be Aware of Today

Today there are much more serious legal consequences if you’re caught with a fake ID, consequences that your children need to know about before they get themselves into a boatload of very real trouble.

I’ve seen it first hand. When I first became a prosecutor, kids were actually being arrested for forgery felonies just for having a fake ID. Imagine some poor 18 year old who purchased an ID just to be able to go out drinking at college, and is now facing felony charges. Usually, the charges were reduced to non-criminal offenses, but these teens still had to go through the horrible ordeal of thinking they’d be life-long felons.

Thankfully New York state now has the option to prosecute using a fake ID as a violation of the Vehicle and Traffic Law, which they often do, but the state still has the right to issue felony charges if they choose.

Why Are New York Fake Id Laws so Much Harsher Than in the Past?

A prime reason is that states have become more serious about dealing with the issues of underage drinking and the many related problems that accompany it.

As a result, state enforcement agencies have stepped up pressure on the heavily regulated bars and alcohol distributors. Instead of a mere refusal to serve, bar bouncers may seize a fake ID, then call the cops. To keep in good graces with the State Liquor Authority (SLA), some bar owners reportedly pay their bouncers a bounty for every fake ID they seize.

New York’s DMV also runs the year-round Operation Prevent, which teams with state and local police and the SLA to check the IDs of young drinkers not just in bars, but also at concert venues (lots of violations at Jones Beach last year) and other likely spots where underage drinkers are likely to congregate. It’s probably no coincidence New York has reported record-level numbers of seized fake IDs and arrests of underage drinkers in several recent years.

Fake IDs and Technology

Another reason for this crackdown is because fake IDs have not only become easier to get, but the design has become much more sophisticated. Bouncers are routinely duped by convincing fake international IDs, which can be purchased abroad. There are also plenty of websites in the US that sell good fake IDs for as little as $50. Websites such as IDgod even allow kids to band together to purchase the IDs in bulk to get the cost down.

Charges Your Kids Could Face If Caught With a Fake ID in New York State

As I stated above, you can be prosecuted pursuant to Section 509(6) of New York’s Vehicle and Traffic Law. If you “possess or use any forged, fictitious or illegally obtained license, or use any license belonging to another person.” You can be fined up to $300 and sentenced to 15 days in jail.

Being charged under this statute will also get your driver’s license suspended for at least 90 days by DMV. If you choose to dispute the suspension, you will be entitled to a hearing. If you lose that hearing your license is then suspended for 12 months.

If the police decide to charge you pursuant to the New York State Penal Law, having or trying to use a fake ID can get you charged with: criminal possession of a forged instrument (a Class D felony, which can bring a sentence of between 2-1/3 and seven years in one of New York’s finest state prisons); or criminal impersonation (if you’re using someone else’s ID, a Class A misdemeanor punishable by as much as a year in jail, probation for three years, plus a fine up to $1,000).

What to Tell Your Kids about New York Fake ID Laws

The many risks a fake ID brings far outweigh whatever benefits your kids could hope to derive from getting early access to alcohol. They need to know that. Most kids aren’t thinking about consequences when they engage in this type of behavior. That’s why it’s your job to talk to them about these risks. It’s just not worth jeopardizing their school and career prospects – not to mention their freedom – for the sake of a refreshing beverage or two.

But…………..if my child was not to listen to my advice and decided to get one anyway I would give her the following guidance:

  1. See what the culture is at your college. Some college towns are happy to sell or serve to underage students. But in some college towns, you may not see the inside of a bar until you are 21.
  2. Don’t be the person who gets nailed for not knowing the information on their license.
  3. Most importantly, If stopped by the police, and asked for identification do not, and I repeat do not show or hand the police the fake ID. Sounds like common sense but when you are nervous and used to showing the fake one, it’s not that hard to slip up.

What a Criminal Lawyer Tells His Kids about… Social Host Liability

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Underage drinking is a difficult topic for any parent to handle. We all know it’s pretty much inevitable that our children are going to imbibe before their twenty-first birthday, but that doesn’t make it any easier to handle. As a father with two teenage daughters I find myself always wondering how to best manage this subject, especially now that they’re both heading off to college soon.

I’m not naïve enough to think they’ll abstain from drinking entirely, and I’m not convinced that sending our children off to college without any exposure to alcohol is the best course of action. After all the more you tell someone not to do something, the more likely they are to do it. And if you’ve continually told your kids never to drink and then send them off to college where drinking is rampant, they might not be prepared for their newfound freedom.

Some parents feel that kids should have a safe place to do things they might end up doing in college, like drinking. And perhaps by introducing your children to alcohol in a responsible way, you can take the forbidden excitement out of drinking, making them less likely to go to extremes at school.

But unfortunately, the law is not on your side for this one.

In both Nassau and Suffolk County, allowing minors to drink in your home can end with you being arrested and fined. The long term legal repercussions are relatively minor but the arrest is likely be covered by local news media (Patch, News 12, Newsday) and then quickly disseminated through Facebook community groups—meaning a lot of public embarrassment for you.

The last thing most people I know want is to be arrested, have to go to court a number of times and have that arrest be the first thing that comes up when you Google their name.

I understand kids drink, but if you allow them to drink in your home you must be aware of the possible consequences.

Social Host Liability

In both Nassau and Suffolk County, pursuant to their social host laws, it is illegal for anyone over age 18 who owns or rents a home to “knowingly allow the consumption of alcohol or alcoholic beverages by any minor” on the premises. The law also punishes any homeowner or tenant who learns that alcohol is being consumed by minors there and fails to take corrective action.

Just two years ago Suffolk County decided to raise the penalty category of this law from a violation to a misdemeanor crime, which also gives the police more freedom to investigate potential instances where they think underage drinking is taking place. You definitely don’t want that to be your home.  In Nassau, violation of this law also constitutes a misdemeanor.

If it’s your first offense you could face fines of up to $500, and for second and subsequent offense you could be looking at thousand dollar fine and even possible jail time.

Social Host Law also extends liability for damage done by a person who consumed alcohol to also include those who provided it, and sometimes to those in whose residence the alcohol was consumed.

So for example, if your teen drinks too much at a party at the Smiths’ home, as the owners of the place where that happened, the Smiths may be held responsible for damage your intoxicated offspring happens to suffer, or even to cause. That may be true even if the Smiths did not provide the alcohol, didn’t know that drinking was going on, or weren’t even home when the drinking was occurring.

In some states (including Connecticut and New Jersey), the host can be held liable under a general social host liability law, which applies not just to minors, but to anyone permitted to drink to excess.

The bottom line is that it’s not a good idea to allow underage drinking in your home. And considering its possible for kids to do it anyway—especially if you leave them home alone one weekend—it’s better they know the law so that they hopefully don’t subject themselves, or you, to big-time legal liability.

What You Can Do to Limit Your Risk

  • If they don’t already know, make sure your family understands what host liability is, and how serious its consequences can be. And while it’s far from the only reason your children should be careful in how much and with whom they may drink, it’s another powerful one. Make sure they know your ground rules for having friends over to your home, especially when you’re not there.
  • When your kids entertain their friends in your home, don’t tolerate any use of alcohol by anyone under age 21; it would be better to keep the event completely alcohol-free (because it’s likely to be too difficult to prevent them from sharing with younger guests).
  • If you find an underage guest consuming alcohol, you need to promptly demand it stop, or the minor leave the premises (but if the underage guest appears intoxicated, don’t let him or her drive); call a parent or guardian instead.
  • Finally, always set a good example for them. Let them see that you drink responsibly and insist all guests do the same. It’s the best way to avoid becoming liable for their acts.

What a Criminal Lawyer Tells His Children About…Driving With a Handheld Device.

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I thought I would start a series of blog posts to provide lessons I’ve learned in over 20 years’ criminal law practice, to help you and your family. Being a criminal defense attorney gives me an up close and personal view of all the actions one can and will get in trouble for. I have always discussed and given my kids advice based on the situations I see. Situations such as underage drinking, having a fake ID, and their right to remain silent when being questioned by the police (as you can see I am lots of fun at home).

I want to focus on issues like these because I represent many students and families who say to me “if we had only known.” Well I want to give people information so they know. And then their kids can know. And hopefully bad situations can be prevented.

So, I’m calling this series  “What a Criminal Lawyer Tells His Children about…,” and my first topic is: “What a Criminal Lawyer Tells His Children about… Phone Use While Driving.”

Probably everyone knows about the serious problem of drink- or drug-impaired driving. Such chemical impairments diminish drivers’ perception, judgment and reaction time. In 2015, according to statistics from the federal Department of Transportation, 10,265 people — almost a third of U.S. driving fatalities – died in alcohol-impaired accidents. Impairment from drugs other than alcohol played a part in about one-sixth of all motor vehicle accidents. Surprisingly, texting while driving is six times more likely to cause an accident than drunken driving is.

You and I can no doubt remember when there were no such things as cellphones, much less smartphones. And now they’re everywhere – including inside vehicles moving through the streets of your town or over the highways. And it’s not just for programs giving GPS route guidance – there’s everything out there from drivers making quick calls home to those sending and receiving emails or texting, or using all sorts of apps.

It’s been estimated that at any given year, about 660,000 accidents occur while U.S. drivers are using their phones, and one or more injuries result in about half of those accidents.

The Dangers of Distracted Driving

In recent years, the significant part distraction plays in road accidents has become clearer. The National Safety Council says distracted or exhausted drivers have 1.6 million accidents every year, nearly a quarter of all vehicle accidents in America. A Federal Highway Administration study found those who texted while driving were 23 times more likely to crash, while talking on a hand-held cell phone while driving made a crash four times more likely.

The reason is simple: there is danger anytime a driver’s attention is diverted from the safe operation of his or her vehicle, the road, or the behavior of other drivers or pedestrians. If a driver traveling at 55 miles per hour spends five seconds looking at a text, during that brief instant, the vehicle will travel over the length of a football field with the driver’s eyes off the road.

Since they’re the least experienced, young drivers are at special risk from distracted driving. Texting alone kills 11 teens every day. Despite substantial efforts to bring these dangers to the attention of drivers, especially younger drivers, through education and public service announcements (for examples, see the Texting and Driver Safety website), 35% of young drivers admitted in an AAA survey that, although they understood the danger of texting while driving, they still did it anyway.

The threat to life and well-being is by far the biggest danger of distracted driving, but there can be other serious consequences. If you’re ticketed for improper cell phone use or texting, you can expect, at a minimum: five points on your license, a $150 fine, and higher auto insurance premiums. But distracted driving also poses serious dangers not only to yourself, but also to pedestrians, other drivers, and passengers in your own and other vehicles.

No one expects to be involved in a serious accident. But the reality is: all it takes is a split second for it to happen. And if there’s any evidence, either from witnesses or the records of the driver’s phone use right before such an accident, that driver’s life will changed for the worse in an instant. If you’re driving but preoccupied with dialing, talking, facebooking or whatever, your inattention could result in a serious mishap that might open you to serious legal consequences, from civil lawsuits to criminal charges, such vehicular assault, which is a felony.

Increased concern about distracted driving also makes prosecutors and courts more reluctant to accept plea bargains for guilty pleas to lesser charges, and when they do, you’ll be required to install a monitor tracking all calls from your phone while your vehicle is moving, and making that record available for court review, so failure to comply will lead to the stricter charge being reinstated.

What Should You Now Tell Your Kids

  • If they don’t already know, make sure your family understands how threatening distracted driving is. And be sure to set clear guidelines, including not to ride with a driver who uses distracting devices.
  • Educate them on the impact of the laws against using distracting electronic devices while driving (All but a few states have them). New York, Connecticut and New Jersey all ban any use of handheld devices while driving, and in CT and NJ drivers under age 18 cannot legally use any device, even if not handheld, while driving. Violations can bring fines, license points, higher insurance premiums, and even jailtime.
  • Remind them pedestrians also need to use caution, and can get in trouble if they’re too distracted by their cellphone, rather than watching where they’re going (an area in which some jurisdictions are beginning to legislate).
  • Give them a few useful tips to reduce or eliminate the likelihood they’ll be tempted by their devices. They could turn them off, shut off notifications, or put them out of sight and reach. Or they could give the device to a passenger, if someone’s thumbs need to be on your phone. Or consider a variety of apps that can prevent them from driving and texting.
  • Finally, always set a good example for them. And tell your kids, it’s not the ticket, the fine or the points. It’s staying safe, and avoiding something that could drastically change their life.