If you or your child has been accused of a crime while attending college in Austin, it is normal to worry about both the court case and the student’s future. Criminal and university proceedings may move separately, and neither outcome is automatic. An Austin student defense lawyer can help protect the student’s rights while coordinating the response to both matters.
Austin’s major colleges and universities serve more than 100,000 students, including 55,000 at the University of Texas at Austin and more than 44,000 across the Austin Community College District. An arrest or disciplinary allegation can threaten more than a student’s freedom. It may affect enrollment, housing, scholarships, graduate-school applications, professional licensing, and future employment.
Talk With an Experienced Student Defense Attorney
At Michael & Associates Criminal Defense Attorneys, every case is handled by a Senior Trial Attorney, never a junior associate. Our team brings more than 500 years of combined defense experience and more than 1,000 jury trials. We understand how to investigate search protocols, witness statements, digital evidence, and forensic testing, and help families navigate criminal charges and related school proceedings.
Contact our experienced Austin criminal defense lawyers today for a free, confidential case review.
What Should a Student Do After an Arrest or Disciplinary Notice?
As a university student, there’s more at stake than just a potential criminal record. There also may be a university investigation with separate disciplinary ramifications. What you do next is critical.
- Do not answer questions about the accusation. Speak with an attorney before giving police, campus officials, or university investigators a statement.
- Do not consent to a search. This includes searches of your phone, vehicle, dorm room, apartment, or personal belongings. Do not physically interfere if a search proceeds.
- Do not contact the alleged victim or complaining witness. Even when contact is not expressly prohibited, an apology or attempt to explain could be misunderstood or used as evidence.
- Follow every restriction, including protective orders, bond conditions, and university no-contact directives.
- Preserve potential evidence. Save texts, social media messages, photos, videos, receipts, emails, and location records.
- Do not delete or alter anything. Destroying or concealing evidence can create additional problems.
- Stay off social media. Do not discuss the allegation, investigation, witnesses, or evidence online.
- Contact an Austin student defense lawyer promptly. University response deadlines may arrive long before the first criminal court date.
Can a Student Face Both Criminal Charges and School Discipline?
Yes. A college student can face criminal prosecution and a separate university disciplinary proceeding based on the same incident. The university generally does not have to wait for the criminal case to end.
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Criminal case |
University proceeding |
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Filed by the government |
Handled under school policies |
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Can lead to jail, fines, probation, and a criminal record |
Can lead to restrictions, probation, suspension, or expulsion |
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Government must prove the criminal charge beyond a reasonable doubt |
School generally uses its stated evidentiary standard |
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Constitutional criminal-procedure protections apply |
Rights and procedures depend on school policy, applicable law, and whether the institution is public or private |
Every student should coordinate both responses before providing any interviews or written statements. A statement that appears helpful in a school investigation may later be obtained or used against you in the criminal case.
Common Criminal Charges Austin Students Face
Students can face the same charges as anyone else, but some allegations occur more frequently around campuses, apartments, bars, and parties.
Underage Alcohol and Fake-ID Charges
Texas Alcoholic Beverage Code Chapter 106 covers minor in possession, consumption, or purchase by a minor, misrepresentation of age, and furnishing alcohol to someone under 21. Most first or second MIP and minor-consumption offenses are generally Class C misdemeanors but may carry fines, community service, alcohol-awareness requirements, and driver’s license consequences. Public intoxication under Texas Penal Code § 49.02 can apply at any age.
DWI and DUI by a Minor
Students may face DWI under Texas Penal Code § 49.04, DUI by a minor under Alcoholic Beverage Code § 106.041, or DWI involving drugs or medication. A legally obtained prescription medication or cannabinoid product may still support a DWI allegation if authorities claim it caused intoxication. Whether the product itself was lawful is a separate issue.
After a qualifying DWI arrest, a student generally has 15 days from receipt of written notice of suspension to request an ALR hearing under Transportation Code §§ 524.031 and 724.041.
Drug, Marijuana, and THC Charges
Cases may involve marijuana, Delta-9 products, THC vapes, concentrates, noncompliant cannabinoid products, or prescription medication. Charges may arise under Health and Safety Code Chapters 481 or 483. Texas may treat THC concentrate as a Penalty Group 2 substance, meaning even a small cartridge can produce a state jail felony allegation. The substance’s identity, legal status, and weight may be disputed.
Assault, Dating Violence, and Sexual Allegations
Students may face allegations involving fights, bodily injury, dating or family violence, strangulation, sexual assault, stalking, cyberstalking, or consent disputes. Family Code Chapter 71 supplies relevant relationship definitions, while Penal Code § 22.01 addresses assault and certain family-violence enhancements. Protective orders, bond restrictions, and university no-contact directives may also apply.
Other Student Charges
Other allegations include theft, criminal mischief, trespassing, disorderly conduct, evading or resisting arrest, weapons offenses, hazing, and serious traffic violations.
What Happens During a UT Austin Student Conduct Case?
UT Austin’s student conduct process is separate from any police investigation or criminal prosecution. Although procedures can vary by allegation, the process generally includes these steps:
- Referral: Student Conduct and Academic Integrity receives a report of an alleged violation.
- Notice: The student is notified of the allegation and an initial meeting.
- Response: The student may review available information, respond, identify witnesses, and submit evidence.
- Administrative disposition: If the allegation is supported by a preponderance of the evidence, the student may receive findings and proposed sanctions.
- Resolution or hearing: The student may accept the finding and sanctions, appeal an eligible outcome, or request a hearing when the proposed sanctions make the case hearing-eligible.
- Appeal: Many hearing requests and appeals must be submitted within five days. Certain Educational Release review requests have a three-business-day deadline, so students should read every notice immediately.
UT may also offer Educational Release, which is not formal discipline when successfully completed. It may address certain off-campus conduct and proceed without an arrest, after dismissal, or while a criminal case is pending. Students should consult an attorney before making statements that could affect either matter.
How Can Criminal Allegations Affect a Student’s Education?
A criminal accusation does not automatically result in school discipline. Depending on the allegation, possible consequences include no-contact or campus restrictions, loss of university housing, disciplinary probation, suspension, or expulsion.
An allegation may also affect scholarships, athletics, internships, clinical placements, study abroad, graduate-school applications, and professional licensing. International students may face immigration or visa concerns.
These consequences are possible, not automatic. They depend on the evidence, school policy, the criminal and disciplinary outcomes, and the disclosure requirements of the relevant school, employer, or licensing authority.
Defenses and Potential Outcomes in Student Cases
The best defense depends on the allegation, how police obtained the evidence, and whether the state can prove every element beyond a reasonable doubt. Potential defense issues include:
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Defense issue |
Why it may matter |
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Unlawful stop or search |
Evidence obtained through an unconstitutional stop or search may be suppressed. |
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Shared room, apartment, or vehicle |
The state may not prove that the student knowingly possessed the item. |
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Mistaken identity |
Witnesses, video, location records, or digital evidence may identify someone else. |
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Self-defense |
The student’s use of force may have been legally justified. |
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Consent evidence |
Messages, witness accounts, and surrounding circumstances may be relevant to disputed issues of consent. |
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Unreliable laboratory testing |
The identity, concentration, or measured weight of a substance may be disputed. |
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Missing or inconsistent evidence |
Contradictory accounts or missing video may create reasonable doubt. |
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Lack of required intent |
The conduct may not satisfy the mental state required for the offense. |
Potential outcomes include dismissal, charge reduction, pretrial diversion, deferred adjudication, conditional dismissal, community supervision, treatment or education programs, and acquittal at trial. Some resolutions may avoid a permanent conviction but still require fees, reporting, classes, testing, or other conditions.
Eligibility depends on the charge, evidence, criminal history, prosecutor, court, and individual circumstances. No outcome can be guaranteed.
Can a Student’s Record Be Expunged or Sealed?
Sometimes. A student may qualify for an expunction under Texas Code of Criminal Procedure Chapter 55A after certain dismissals, acquittals, pardons, or other eligible outcomes. Under Texas Government Code Chapter 411, Subchapter E-1, an order of nondisclosure may be available after some qualifying dispositions.
A dismissal does not automatically erase the arrest, booking, and court records associated with a case. Likewise, completing deferred adjudication does not automatically seal the record or guarantee nondisclosure. Record relief generally requires a separate legal process, and many cases require a petition and court order.
Eligibility depends on the offense, how the case ended, applicable waiting periods, and the student’s criminal history. Some offenses cannot be expunged or sealed. Students should also understand that certain schools, professional licensing agencies, law enforcement agencies, and government employers may have special access or disclosure rules. An attorney can evaluate which form of record relief may be available and when the student can apply.
Austin-Area College Students We Represent
Michael & Associates represents students from colleges and universities throughout the Austin area, including:
- University of Texas at Austin
- Austin Community College
- St. Edward’s University
- Huston-Tillotson University
- Concordia University Texas
- Texas State University students charged with an offense in Travis County
- Visiting and out-of-state students arrested in Austin
Criminal jurisdiction generally depends on where the alleged offense occurred, not where the student attends school. A Texas State student accused of an offense in Austin may have a case in Travis County, while an alleged offense in San Marcos would ordinarily be handled in Hays County.
Why Choose Michael & Associates?
Every Michael & Associates client works directly with a Senior Trial Attorney. We do not assign student cases to junior associates. Our criminal defense team brings more than 500 years of combined defense experience and more than 1,000 combined jury trials.
The team includes former prosecutors, judges, law enforcement officers, and other attorneys with advanced forensic training. James Fletcher, managing attorney of Michael & Associates’ Austin office, has earned the ACS-CHAL Lawyer-Scientist designation, while other attorneys are currently completing advanced forensic training.
Clients receive direct access to the attorney handling their case, supported by the resources of a statewide defense team. When applicable, Michael & Associates offers flat fees covering representation through trial and payment-plan options, so families can better understand and manage the cost of a student’s defense.
Case Example: Campus Investigation Closed Without Charges
A college student came under investigation after another student reported repeated unwanted contact. The student had already spoken with campus police before the family retained Michael & Associates. Defense counsel contacted the investigator, communicated information relevant to the allegations, and remained involved while authorities evaluated whether to pursue the case. The investigation was ultimately closed without criminal charges being filed.
Note: Past results do not guarantee a similar outcome in another case.
Contact an Austin Student Defense Lawyer
One accusation should not define a student’s education, reputation, or future. We understand how frightening and overwhelming this can feel for students and their families.
If you or your child has been arrested, cited, or accused of misconduct in Austin, contact Michael & Associates for a free case review. An Austin student defense lawyer can explain the allegations, identify urgent deadlines, preserve evidence, and help your family move forward with greater clarity and confidence.
