Most people accused of a crime are between the ages of 18 and 25, the age range for typical college students. People in this age group are usually charged with one of two things: disruptive house and/or minor in possession.
College students might wonder what kind of effect this may have on their futures. Typically, any record of a legal violation looks bad when applying for jobs, colleges, housing and more. The presence of a misdemeanor or felony conviction could mean the loss of many opportunities in the future.
Judge Carrie McInnis presides over Municipal Court in Grand Junction, which also presides over Debeque, Silt and Parachute, standing as the associate judge in Fruita and Palisade, and a substitute judge in Colbran. She has been a judge for slightly over 24 years.
Municipal court is a criminal court, seeing anything from traffic, littering, drug offenses and harassment. Municipal court only handles misdemeanor cases; any felony cases will be processed through district court.
“The most I see from college students are disorderly house charges, which is not a messy house. It’s [generally where] they’re cited if there are minors being served alcohol at the house. I have a minor in possession docket, and I do see college students for that. But I also see juveniles, all types of offenses, adults.” McInnis said. “We don’t consider [the futures of college students] before the conviction.”
Legally, the judge cannot make any judgement of a defendant until they are found guilty by a jury. Once they are found guilty, or plead guilty, then judges have the ability to sentence based upon the evidence presented.
“Up until the the conviction, I don’t have a choice, up until that point. After that is maybe more relevant. I’m here to see if the people can prove it beyond a reasonable doubt, if they do then we can talk about a sentence.” McInnis said.
Grand Junction has a set sentence on minor in possession charges, which includes, for first-time infractures, a $100 fine, or the equivalent of useful public service if they cannot afford the fine, a $35 court cost and a minor in possession class.
“At CMU, as of last year, if it happens at school and the school knows about it, often times, the college will sentence them for Prime for Life class, which we will count as the MIP class here.” McInnis said.
As for whether or not futures of college students would still be considered, despite this set sentence, McInnis said, “It doesn’t, because I have the mandatory sentencing on it. But what I think is important is that municipal court is kind of where the rubber hits the road. It’s kind of a court of second chances. A lot of people can come in here, and there is new legislation as of September and November of 2017 that allows us and in fact mandates us that we expunge and seal some records for certain types of cases. The new legislation was created just for those cases and for college kids.”
Expunged records essentially mean that a charge was set aside, and it appears as though it were erased. Expunged is typically used for juveniles and sealing is used for adults or people eighteen years of age or older. There is a $65 court fee for having a record sealed.
The short answer for whether or not futures are considered in sentencing is that it depends.
“In animal control cases and MIPs are the only cases where I have set sentencing. Everything else, I have the discretion [to mandate a sentence] of a fine of $0-$1,000 and up to a year in jail. So when you come in here with your transcripts, and it’s your first offense, and you’re 20 years old, and you took a $5 sandwich, but you’re someone who has their life together, you’re going to get a more lenient sentence than someone that does not provide that information,” McInnis said.
As for information college students should bring as evidence they should have consideration in sentencing, McInnis said, “Anything they can bring in. If it’s a driving case, let us know why you need to be able to drive. Grades; bring in grades. Tell us if you’re on the soccer team. Anything mitigating.”
