My friend’s daughter-that I’ve been helping with the college search process- applied to colleges and for financial aid back in January. She was recently (after the applications were in) pulled over for a traffic infraction and her car was searched. Marijuana and pot paraphernalia were found. She has been charged with a misdemeanor but is in a non-pot friendly state in the bible belt. What now? Does she have to tell the colleges? She answered honestly on the Common App that she’d never been in trouble, but that was before this happened. What about financial aid? Is there any way to salvage this? She has a great academic record, great test scores, community service, and has never been in any sort of trouble before. Seriously, kids can be so, well, dumb…
No way should she volunteer this BS misdemeanor.
That’s what I thought. What about federal aid, though? It says on the FAFSA website “If you are convicted of a drug-related offense after you submit the FAFSA, you might lose eligibility for federal student aid, and you might be liable for returning any financial aid you received during a period of ineligibility.” She needs the aid.
To think someone may be waylaid from college for smoking a little pot is upsetting to say the least.
“Convicted” is the key word. If she hasn’t been convicted yet, I wouldn’t say a word.
I believe it is only if you are convicted of a felony- at least this was how the Ohio State Acceptance page was worded. I don’t know if there is a distinction between misdemeanor and felony for FAFSA, though. Let’s just pray these kids can keep it together a little while longer; it’s been a long journey…
Well, unless they can somehow get it downgraded to an infraction (which I’m doubting since pot and a pot pipe were found in the car-two separate charges), I think she will have the conviction on her record. But I agree, until then she shouldn’t say anything.
She really needs to hire a lawyer. A drug offense may impact her ability to receive federal loans. Also, I’m hoping she’s still a minor - that will help. But she needs to get a lawyer ASAP.
Suzy100- I totally agree and will suggest it
And make sure the lawyer knows about the FAFSA requirement to report all drug crime convictions. They may agree to something that is normally no big deal (plead to the charge with the agreement to have it removed in 2-3 years) but or a student who needs FA it IS a big deal. Many times they can plead to a different charge with a similar penalty but without the drug problem.
This. ^^
Ah, got it. Thanks so much!
Wow, this is scary, as my HS daughter rides in cars with her friends. I presume each teen/person in the car could be held to be potentially liable for being 'in possession" of any contraband found.
Of course, there must be a lawyer. The lawyer will ask the young person about the reasons she understood the police searched the vehicle, her actions and statements during the moments of the interaction, and the police actions.
I would think the recollection of these moments quite important as in some states the laws on reasonable suspicion for stopping a driver beyond a traffic violation, such as for suspicion of smoking marijuana in a car, have changed. In some states, a car reeking of marijuana, indicating the passengers or driver may be smoking it, is not suspicion enough to stop a driver (no traffic violation).
Good luck.
Yep. Lawyer. This is too serious for random internet advice.
Get a good defender … too many variables at play. That said, I’m from the Bible Belt and we’re pretty sick and tired of the BS drug convictions as well. If it happened in a more forgiving urban area, she wasn’t under the influence, and she has a good attorney to argue that she either didn’t know it was in the car or have her accept a plea bargain where she isn’t convicted of a crime, she might be OK. We have a couple of stinkin’ good public defenders in my neck of the woods who can argue their way out of a lot of convictions for their clients.
If my son is riding in a friend’s car and they are pulled over and drugs and/or drug paraphernalia is found, will all occupants (my son) of the car be arrested along with the driver?
I don’t know if it was just because she was still under 18 or what the circumstances were that led to it, my friend’s daughter was given the option to do a drug program and something else and have it completely removed from her record after being found with a small amount of pot and paraphernalia. This is in SC.
I would consider reaching out to @hanna. She is not only an attorney, but also a college consultant. One of her specialties is guiding college applicants who have had legal incidents manage the impact of it, and identify the best way to move forward.
Much2learn-Thank you so much! I will contact her right now
That’s why I love this board-so many helpful people 
Thank you all for your advice.
Kids should be taught to never consent to a search of their vehicle. Doing so may waive their right to freedom from unreasonable searches under the 4th amendment. A good defense attorney will bring a motion to throw out the fruits of the search as having been improperly obtained. In which case the police will have to give proof that they had “probable cause” to search the vehicle. However, consenting to the search throws away most Constitutional protections. Another reason not to consent to a search of your vehicle is that most kids have no idea what may be in the pockets or backpacks of their friends or what those friends may try to hide in the vehicle once it is pulled over for speeding or some other infraction. Just be polite and accept a ticket and decline to consent to a search if asked. If the officer then searches the vehicle anyway, the kid’s 4th amendment protections may be brought up in defense of anything that is found (or planted) during a search.