William G. Yarborough

School your child on the impact of a drug conviction

Free Evaluation
100% Secure & Confidential

In the midst of this new academic year, students attending classes in area colleges and universities have a few weeks before the flood of midterm exams begins to swell. Many students use the quiet period before mid semester tests to prepare for upcoming examinations while others busy themselves partying. For those choosing the latter activity over the former, they would do well to familiarize themselves with the conditions of their school loans.

Federal law prevents those convicted of drug offenses from receiving government benefits. While your children may not concern themselves with subsidies like foods stamps or federal housing, they will be impacted if they rely on federal loans to assist in paying for college tuition. In the past, students with a single drug conviction on their records had been permanently barred from applying for aid. Changes to the law in 2009 have relaxed the repercussions of an often one-time offense.

Here are a few points you should review with your adult child to ensure that she realizes that there will be consequences when she is convicted of “just smoking a little weed”:

1. What convictions should be a concern?

Under the federal law, any drug conviction provides grounds for suspension of federal aid. That includes possession or conspiring to sell drugs. While the quantity of drugs in possession may result in a misdemeanor charge, this charge will negate your child’s ability to obtain aid. Minors ticketed with possession of alcohol will not lose eligibility.

2. What are the repercussions?

The punishment for the drug charge will depend on the severity of the drug offense. For students charged with possession, the student will be prohibited from receiving government support for one year. After a second offense takes place, the student will find her suspension lengthened to two years. Upon receiving a third conviction, the ability to apply for aid is suspended indefinitely.

Penalties for those convicted of selling drugs are more severe. It is important to remember that while the ability to apply is suspended after an initial conviction, it is not banned permanently. This was not the case in the past.

These rules apply for student aid provided as a grant, loan or work-study program. Additionally, these repercussions will be felt wherever the student is enrolled. Whether student attends an in-state or out-of-state college makes no difference if she relies on federal loans to supplement funding for tuition.

3. How does reinstatement occur?

The federal government recognized that the previous federal law was too harsh in indefinitely restricting federal loans after one conviction. In many cases, students who made one mistake were forever barred from attending college, preventing them from obtaining well-paying careers requiring college degrees. It is for this reason that students are allowed to apply for aid after satisfying the requirements of their suspension. Students wishing to abbreviate their period of ineligibility may do so by entering a drug rehabilitation program and passing two unannounced drug tests.

If you have been following our blog, you know that there are options for first time offenders to limit the impact a conviction has on their future. This is also the case for students convicted of drug offenses while in college. While one bad choice may delay plans made for the future, it doesn’t have to completely derail them.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

WGY Logo White

100% Confidential
Available 24/7

Call 864-808-6871

"*" indicates required fields

This field is for validation purposes and should be left unchanged.