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Arrested Near LSU: What Baton Rouge Students and Parents Need to Know

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Home » Blog » Arrested Near LSU: What Baton Rouge Students and Parents Need to Know

The fall semester is barely underway and football season is here. Every year at this time our phones start ringing with the same call. A parent in Texas or Metairie or Shreveport is on the line at two in the morning because their son or daughter just got arrested outside a bar in Tigerland, at a tailgate on campus, or in an apartment complex off Burbank.

The charge itself is usually a misdemeanor. That is the part that fools people. Families hear “it is just a citation” and assume the whole thing will disappear on its own. It will not. A student arrest in Baton Rouge creates two separate problems that run on two separate tracks, and the one most families ignore is often the one that does the real damage.

Here is what actually happens, and what you should do in the first few days.

Who arrested you decides where the case goes

Several agencies patrol the areas around LSU, and they do not all feed into the same courthouse.

LSU Police handle campus property, including the stadium and the lots on game day. The Baton Rouge Police Department covers most of the surrounding city, including the bars and apartments students frequent. The East Baton Rouge Parish Sheriff’s Office works the unincorporated parts of the parish. Louisiana State Police may be involved on the interstates and in some traffic enforcement.

Where the arrest happened generally drives whether a misdemeanor lands in Baton Rouge City Court or in the 19th Judicial District Court. Felony charges go to the 19th JDC either way. We wrote about that split in a previous post on choosing between Baton Rouge City Court and the 19th JDC, and it matters more than most people expect, because the two courts move at different speeds and offer different options for resolving a case.

The charges we see most often in August and September

Underage purchase or public possession of alcohol. Under La. R.S. 14:93.12, someone under 21 who purchases or publicly possesses alcohol faces a fine of up to one hundred dollars, and the statute also carries a driver’s license suspension of up to 180 days on a conviction or a plea, with a possible restricted license in hardship situations.

Possession of a fraudulent identification document. This is the fake ID charge, and students consistently underestimate it. Under La. R.S. 14:70.7, simple possession is a misdemeanor carrying up to a five hundred dollar fine and up to six months in jail. Producing, manufacturing, or distributing fraudulent identification documents is a felony punishable by up to three years, with or without hard labor. Making IDs for your friends in the dorm is not the same offense as carrying one, and prosecutors know the difference.

Disturbing the peace. La. R.S. 14:103 sweeps broadly. It covers fighting, appearing intoxicated in public, offensive or annoying language directed at another person in a public place, and tumultuous conduct by a group. The standard penalty is a fine of up to one hundred dollars, up to ninety days in jail, or both. This is the charge officers reach for when a crowd will not disperse.

Simple possession of marijuana. For fourteen grams or less, Louisiana law under La. R.S. 40:966 caps the penalty at a one hundred dollar fine with no jail exposure. Above that weight, and for concentrates, cartridges, and edibles, the analysis changes significantly and the exposure climbs fast.

Resisting an officer and battery of a police officer. These charges often get added when a student argues, pulls away, or films an arrest. We covered resisting arrest and battery on a police officer in Baton Rouge in an earlier post, and the short version is that these are the charges most likely to turn a citation night into a felony night.

DWI. Every year we see first offense DWI arrests from students driving the short distance home from Tigerland or from a tailgate. Our earlier posts on first offense DWI in Baton Rouge and on DWI checkpoints cover the process in detail.

The second case: LSU Student Advocacy and Accountability

This is the part families miss.

LSU runs its own disciplinary process, entirely separate from the criminal court. It is administered through Student Advocacy and Accountability, and it does not wait for the criminal case to finish. The university also reserves the discretion to reach conduct that happens off campus when that conduct would violate the Code of Student Conduct had it occurred on campus. An arrest at a bar on Bob Pettit is not automatically outside LSU’s reach.

A few features of that process matter enormously:

The standard of proof is preponderance, not beyond a reasonable doubt. A student can be found not guilty in court, or never be charged at all, and still be found responsible by the university.

The process usually begins with a written notice to the student’s LSU email address setting an educational conference with a case manager. Students miss these because they stop reading their university email over a bad week. The meeting still happens.

Outcomes range from a warning that stays off the transcript, to disciplinary probation that can affect housing, study abroad, and student organization leadership, to suspension or expulsion, which are recorded on the transcript. When suspension or expulsion is on the table, the case can go to a University Hearing Panel.

A student may have an advisor present, and that advisor may be an attorney.

The practical risk is simple. A student walks into what sounds like an informal educational meeting, explains everything candidly to be cooperative, and creates a written record while a criminal charge is pending. Anything said there exists. Coordinate the two cases. Do not treat the university meeting as a conversation with no consequences.

What a conviction actually costs

Federal financial aid is less of a threat than it used to be. The drug conviction question was removed from the FAFSA as a Title IV eligibility requirement beginning with the 2023 to 2024 award year. That said, institutional scholarships, state awards, athletic eligibility, honors programs, and Greek organizations all have their own rules, and those rules did not change when the federal one did.

The longer term costs are the ones that surprise people. Character and fitness review for bar admission. Nursing, teaching, pharmacy, and other professional licensing boards. Clinical placements and student teaching, which routinely require background checks. Employer screening for internships in fields that will not look past an open case. For international students on an F-1 visa and for permanent residents, certain charges carry immigration consequences that far exceed the criminal penalty, and a plea that looks like a bargain in city court can be a disaster in immigration court.

Article 894 and cleaning it up later

Louisiana gives first time misdemeanor defendants a meaningful tool. Under Code of Criminal Procedure Article 894, a court can defer the sentence, place the person on probation, and then set the conviction aside and dismiss the prosecution on successful completion. A dismissal under Article 894 has the same effect as an acquittal for many purposes, and it is frequently the gateway to a later expungement.

There are limits. DWI dismissals under Article 894 are restricted to once in a ten year period, with a narrow exception for certified DWI or sobriety court program completion, and a set aside conviction can still count as a prior offense for sentencing in a future case.

We covered the mechanics in our earlier posts on expunging a criminal record in East Baton Rouge Parish and on how expungement works in Louisiana. The point for a student is this: how the case is resolved on day one determines whether a clean record is available on day one thousand.

What to do in the first forty eight hours

Say nothing about the facts to anyone but a lawyer. Not to the officer, not to a roommate, not to the group chat.

Delete nothing, but post nothing. Wiping a phone or a social account can create a much worse problem than the original charge. Stop posting and preserve what exists.

Read the LSU email and save it. Note every deadline in the notice. Do not attend the conduct meeting without talking to a lawyer first.

Write down what happened while it is fresh, including names of witnesses, the bar or apartment complex, and what officers said and did.

Preserve video quickly. Bars, apartment complexes, and stadium areas overwrite surveillance footage on short cycles, often within days. A written preservation request sent early is sometimes the difference in the entire case.

Call a criminal defense lawyer before the first court date, not after. Diversion, Article 894 treatment, and dismissal are all easier to obtain before positions harden.

We handle both tracks

Rozas Law Firm defends students in East Baton Rouge Parish criminal courts and advises them through the LSU accountability process at the same time, because the two cases affect each other and cannot be handled in isolation. We also handle the immigration side for international students and permanent residents whose status is at risk.

If your son or daughter was arrested near campus, call us before the first court date and before the conduct meeting. Early involvement is what keeps a bad night from becoming a permanent record.

Written by David Joseph Rozas

David Rozas is an experienced criminal and immigration lawyer and one of the founding partners of Rozas & Rozas Law Firm. He has been with the firm since 2004, joining his brother, Greg in practice. David concentrates his law practice on criminal defense and immigration.