college question

[porpus06]

What is the name of your state? ny

Hello I am a college student in NY. I was recently awoken by 2 police officers, a hall director (I live in a dorm) and 2 Resident Assistants. I answered the door in my pajamas since I was sleeping and they are accusing me of punching a glass window (no damage.) My question is the hall director wants to set up a meeting with me to blame me for the incident.

A. Do I have to answer his questions?


They wanted to search my room for the clothes of the assailant that did it, but I did not let them do a search.

B. What grounds do they have to stand on besides having 2 RA witnesses saying I supposedly punched a window?

 

[quincy]

The grounds are the two RA witnesses saying you punched a window.

Do you sleep walk (and punch windows) by any chance?

 

[porpus06]

I never sleep walk I know they have the wrong person, but they are trying to pin it on me. So what case do they have against me? And do I have the right to not answer the hall directors questions in a meeting?

 

[SHORTY LONG]

Were you taking in heavy duty medications legally prescribed by a lawful Physician?

 

[porpus06]

No, I am not on any medications.

 

[SHORTY LONG]

Well, then it is your word against the other two. Strongly suggest you hook-up
with an Attorney. If you do not have the means for one, then try your locale
Legal Aid Society, or if your School has a Law School, then see if it may have
a free legal Clinic. Sounds crazy to me for them to accuse you from what you
had posted. But hey, each day seems crazier than the day before.

 

[quincy]

If there are no damages, I am not so sure you need to invest in an attorney, although seeking the advice of one would be wise depending on the answers to the following questions:

What exactly are they saying the punishment is for punching a window without breaking it?
Why exactly are the police involved in, what seems to me from your post at any rate, a pretty minor incident? Was the window a window in your dorm building, a hallway window, or are you being accused of trying to break into the dorm through someone else's window, or into some other building on campus???

If you are innocent, and you were truly asleep during the time that this incident occurred, it seems to me it is a case of mistaken identity but, if that is the case:
Why won't you let them see your clothes?
Why don't you want to answer their questions if you are innocent of any wrong-doing (not that it isn't wise to refrain from saying anything, but....)?

 

[porpus06]

Well the hall director is a nutcase and loves getting college students in trouble, I heard many bad things about him thats why I felt it was better for them not to search my room.

It does seem like a pretty minor incident but he loves to blow things out of proportion hence him calling the police etc.

I don't know exactly what wrongdoings I am being charged with, he will tell me after our meeting. But at the meeting I do not plan on answering many questions except for telling him the facts that I was sleeping and that they have the wrong person.

 

[quincy]

Your plan doesn't sound bad, seeing as how you don't know what you are being charged with or what the punishment is.

Listen to what the hall director has to say at the meeting, don't answer any questions that could incriminate you, stick to your sleeping story (if it is true), and keep insisting that it had to be someone else who punched a window, as you know nothing about it. Unless the RA's took your photo or you were caught on video, it is their word against yours.

If this "punching window" incident turns out to be closer to an "attempted breaking and entering" incident, contact an attorney right away.

 

[FlyingRon]

I'd like to know what the charge is for punching a window that doesn't result in damage.

 

[The Occultist]

I'd like to know what the charge is for punching a window that doesn't result in damage.

Oh, I'm sure there's more to the story the OP isn't telling us

 

[quincy]

Noooo. There couldn't possibly be more to the story than this, could there?

 

[porpus06]

That's actually the full story. There was no damage, and I myself am wondering also what the charges could possibly be. I have to schedule a meeting with the hall director by this Friday. I plan on recording the whole conversation. I will keep you guys updated.

 

[quincy]

In New York, only one person involved in a conversation needs to know that the conversation is being recorded for it to be legal to tape the conversation, however some courts will not allow the recording to be admitted as evidence if all parties to the conversation were not informed they were being recorded at the time and gave their permission. It is left up to the discretion of the judge. Just some info for you, should you need it.

Not that I think, from what you have posted, that this incident will wind up in any court. I can't imagine it even going beyond the hall director's office, actually.

Please do post back with what happens. Am curious why punching a window required a call to the police.

 

[The Occultist]

My guess is the police was some sort of scare tactic. This meeting will result in a simple "don't do it again", but it will also mean that the OP is now "known" to misbehave, and this incident will certainly be pulled up the next time he does anything stupid.