Auburn, AL Misdemeanors Attorney

A misdemeanor charge in Auburn can feel like a minor inconvenience—until you realize its potential to derail your academic career, limit future job prospects, or follow you for years on background checks. For Auburn University students, a single night out that ends with flashing blue lights near Toomer’s Corner or along South College Street can quickly escalate from an embarrassing moment to a criminal record that threatens everything you’ve worked toward.

I’m attorney Artie Vaughn, and I understand that young people make mistakes. A lapse in judgment at a tailgate, a fake ID confiscated at a downtown bar, or an altercation outside a fraternity house shouldn’t define your future. My practice focuses on defending Auburn students and residents facing misdemeanor charges throughout Lee County. I bring a strategic, aggressive approach to every case while maintaining the discretion and confidentiality that students and their families deserve.

What Qualifies as a Misdemeanor Under Alabama Law?

Under Alabama law, misdemeanors are criminal offenses less serious than felonies but more significant than violations. These charges are classified into three categories: Class A, Class B, and Class C misdemeanors. Class A misdemeanors carry the most severe penalties, with potential jail time up to one year and fines reaching $6,000. Class B misdemeanors may result in up to six months in jail and fines up to $3,000. Class C misdemeanors, the least serious, carry maximum penalties of three months in jail and fines up to $500.

For Auburn residents and students, understanding these classifications matters because charges that seem trivial can carry substantial consequences. A first-offense public intoxication might be a Class C misdemeanor, but a third offense within a year escalates to a Class A misdemeanor with dramatically increased penalties.

Alabama Code § 13A-1-2 establishes the framework for misdemeanor classification, and Alabama Code § 13A-5-7 outlines the sentencing structure. These statutes govern how Lee County courts handle everything from minor alcohol offenses to more serious conduct violations. The Lee County District Court at 2311 Gateway Drive in Opelika handles the initial proceedings for most misdemeanor cases, though some matters may be transferred to the Lee County Circuit Court depending on the circumstances.

Common Misdemeanor Charges Affecting Auburn Students

Auburn’s unique character as a college town creates a particular landscape of misdemeanor offenses. The combination of a large student population, an active nightlife district along South College Street and downtown, and the intensity of SEC football weekends results in certain charges appearing far more frequently than others.

Public Intoxication

Public intoxication under Alabama Code § 13A-11-10 occurs when a person appears in a public place under the influence of alcohol or drugs to the degree that they may endanger themselves or others, or cause a public disturbance. This charge is common near downtown Auburn establishments, the Toomer’s Corner area, and around Tiger Transit stops late at night.

What many students don’t realize is that simply being intoxicated in public isn’t automatically illegal—the prosecution must prove that your level of impairment created a danger or disturbance. This distinction often provides fertile ground for defense strategies. Officers with the Auburn Police Division frequently make arrests based on observations like unsteady walking, slurred speech, or loud behavior, but these symptoms alone may not meet the legal standard.

Minor in Possession of Alcohol (MIP)

Alabama Code § 28-1-5 makes it illegal for anyone under 21 to purchase, consume, possess, or transport alcoholic beverages. In Auburn, MIP charges frequently arise during house parties in neighborhoods like Tiger Town and Northgate, at tailgates throughout the campus area, and in establishments along the downtown bar district where underage students attempt to blend in with the crowd.

The penalties for MIP in Alabama include fines up to $1,000 for first offenses and increased penalties for subsequent violations. Perhaps more significant for students is the automatic 90-day driver’s license suspension that accompanies a conviction—a consequence that can severely impact daily life in a community where most students rely on personal vehicles to commute to campus from surrounding areas like Opelika and surrounding apartment complexes.

Auburn University’s Office of Student Conduct typically initiates its own disciplinary process upon learning of an MIP charge, regardless of the criminal case outcome. This dual-track system means students often face consequences on two fronts simultaneously.

Possession of a Fraudulent Identification Card

Using or possessing a fake ID in Alabama carries more serious consequences than many students expect. Under Alabama Code § 13A-9-14, possession of a forged instrument is a Class C felony—not a misdemeanor—when the document is used to commit fraud. However, simple possession of a fake ID for the purpose of purchasing alcohol is typically prosecuted as a misdemeanor offense related to identity fraud.

Auburn Police Division officers and Lee County Sheriff’s deputies frequently confiscate fraudulent identification cards during bar checks along South College Street, at convenience stores near campus, and during routine traffic stops where students present fake IDs instead of their actual driver’s licenses. The intersection of Magnolia Avenue and College Street sees particularly heavy enforcement on weekend nights.

Disorderly Conduct and Drunk and Disorderly

Disorderly conduct under Alabama Code § 13A-11-7 covers a broad range of behavior, from fighting in public to using obscene language intended to provoke a violent response. The “drunk and disorderly” variation combines elements of public intoxication with disruptive behavior, creating a charge that prosecutors in Lee County frequently pursue against students involved in altercations outside bars, at fraternity events, or during heated moments at athletic events.

The downtown Auburn entertainment district, particularly the blocks surrounding Toomer’s Corner and extending along Gay Street, generates numerous disorderly conduct arrests each weekend. Officers often have discretion in whether to charge someone with simple public intoxication or the more serious disorderly conduct offense, making early legal intervention potentially significant in how charges are ultimately filed.

Petty Theft and Shoplifting

Theft of property valued at less than $500 is classified as third-degree theft under Alabama Code § 13A-8-5, a Class A misdemeanor. Auburn’s retail areas, including the Tiger Town shopping district and stores near campus, frequently report shoplifting incidents involving students.

While some may view shoplifting as a minor offense, the consequences extend well beyond fines and potential jail time. Many professional licensing boards require disclosure of theft convictions, potentially affecting future careers in law, medicine, education, and finance. Additionally, retailers may pursue civil penalties separate from criminal prosecution.

What Should I Do If I’m Arrested for a Misdemeanor in Auburn?

Remain calm, clearly invoke your right to remain silent, and request an attorney before answering any questions. Do not consent to searches, sign any documents without legal counsel, or discuss your case with anyone—including cellmates. Contact a defense attorney immediately upon release.

The moments immediately following an arrest often determine the trajectory of your case. When Auburn Police Division officers or Lee County Sheriff’s deputies place you under arrest, the instinct to explain yourself can be overwhelming. Resist it. Politely but firmly state that you are exercising your right to remain silent and that you want to speak with an attorney.

If you’re booked at the Lee County Detention Facility on 1900 Frederick Rd in Opelika, AL, you’ll have the opportunity to make phone calls. Use this time to contact family, a bail bondsman, and a defense attorney—in that order. Many bondsmen in the Auburn-Opelika area offer 24-hour service, understanding that arrests frequently occur during nighttime hours.

Document everything you can remember about the arrest as soon as possible. Note the names or badge numbers of arresting officers, the location and time of the arrest, any witnesses present, and the specific words used when you were informed of the charges. These details can prove invaluable in building your defense.

Avoid the temptation to discuss your case on social media, with friends, or with other individuals in custody. Anything you say can potentially be used against you, and conversations with anyone other than your attorney are not protected by privilege.

• Exercise your right to remain silent immediately upon arrest
• Request an attorney before answering any questions about the incident
• Do not consent to searches of your person, vehicle, or residence
• Contact family and a defense attorney as soon as you’re able to make calls
• Document every detail you can recall about the arrest circumstances
• Avoid discussing your case with anyone except your attorney

How Do Misdemeanor Charges Affect Auburn University Students?

Beyond criminal penalties, misdemeanor convictions can trigger Auburn University Student Conduct proceedings that may result in probation, suspension, or expulsion. Off-campus arrests are reported to the Dean of Students, and the university’s disciplinary process operates independently from the criminal case.

Auburn University maintains its own Code of Student Conduct separate from Alabama’s criminal laws. The Office of Student Conduct at 311 Foy Hall can initiate disciplinary proceedings whenever a student’s behavior potentially violates university standards, regardless of whether criminal charges result in conviction, dismissal, or acquittal.

The Auburn Police Division has a formal relationship with Auburn University that includes sharing arrest information for enrolled students. This means an off-campus arrest on South Donahue Drive or at an apartment complex in Opelika can still result in a summons from the Office of Student Conduct.

Student Conduct proceedings differ significantly from criminal proceedings. The standard of proof is lower—”preponderance of the evidence” rather than “beyond a reasonable doubt”—and the process emphasizes educational outcomes over punishment. However, sanctions can range from written warnings to permanent expulsion, with serious charges often resulting in suspension that delays graduation.

Students receiving financial aid, scholarships, or athletic eligibility should be particularly aware that conduct violations can affect their funding status. Graduate students, international students on visas, and students in professional programs like nursing or pharmacy face additional complications that require careful navigation.

• Off-campus arrests are routinely reported to Auburn University’s Office of Student Conduct
• University disciplinary proceedings operate independently from criminal court
• Student Conduct uses a lower burden of proof than criminal court
• Sanctions can include probation, suspension, or expulsion
• Conduct violations may affect financial aid, scholarships, and athletic eligibility
• International students face potential visa complications from criminal charges

Defense Strategies for Auburn Misdemeanor Cases

Every misdemeanor case presents unique facts and circumstances, but certain defense strategies prove consistently effective in Lee County courts. Understanding these approaches helps you evaluate your options and participate meaningfully in your own defense.

Constitutional challenges frequently arise in misdemeanor cases. The Fourth Amendment protects against unreasonable searches and seizures, and evidence obtained through unlawful stops or searches may be suppressed—potentially resulting in dismissed charges. Officers must have reasonable suspicion to stop you and probable cause to arrest you. Questioning whether these standards were met is often the first step in building a defense.

The prosecution bears the burden of proving every element of the charged offense beyond a reasonable doubt. For public intoxication, they must prove not only that you were intoxicated but that your condition created danger or disturbance. For Minor in Possession, they must establish that you knowingly possessed or consumed alcohol. Challenging the sufficiency of evidence to meet each element can result in reduced charges or acquittal.

Witness credibility and conflicting accounts often play significant roles in misdemeanor cases. Events near Toomer’s Corner after a football game or outside a crowded bar on South College Street typically involve multiple witnesses with varying perspectives. Identifying inconsistencies and presenting alternative narratives can create reasonable doubt.

Diversion programs and alternative dispositions offer paths to resolution that avoid conviction. Lee County participates in pre-trial diversion programs for certain first-time offenders, and the District Attorney’s office may be willing to negotiate creative solutions that protect your record while holding you accountable.

Potential Penalties for Misdemeanor Convictions in Alabama

Alabama law establishes maximum penalties for each class of misdemeanor, though actual sentences depend on various factors, including the specific offense, your prior record, and the circumstances of the case.

Class A misdemeanors carry maximum penalties of one year in county jail and fines up to $6,000, plus court costs and any applicable surcharges. Examples include third-offense public intoxication within a year, domestic violence third degree, and possession of marijuana for personal use.

Class B misdemeanors allow sentences up to six months in jail and fines up to $3,000. Assault in the third degree, criminal trespass, and harassment fall into this category.

Class C misdemeanors, the least serious classification, permit up to three months in jail and fines up to $500. First-offense public intoxication, disorderly conduct, and loitering are typically Class C offenses.

Beyond incarceration and fines, misdemeanor convictions can result in probation, community service requirements, mandatory alcohol or drug education programs, restitution to victims, and driver’s license suspension. The collateral consequences—impacts on employment, housing, professional licensing, and educational opportunities—often exceed the direct penalties in significance.

Frequently Asked Questions About Misdemeanor Charges in Auburn

Will a misdemeanor show up on my background check after graduation?

Yes, misdemeanor convictions typically appear on criminal background checks conducted by employers, landlords, and licensing agencies. Most standard background checks extend back seven years, though some professions and government positions require disclosure of all convictions. Expungement, where available, can help remove eligible offenses from your record.

Can I represent myself in Auburn municipal court for a misdemeanor charge?

While you have the constitutional right to represent yourself, doing so carries significant risks. Prosecutors have training and experience that can overwhelm unrepresented defendants, and procedural mistakes can forfeit important rights. The stakes—including potential jail time, fines, and a permanent criminal record—generally warrant legal representation.

How long does a misdemeanor case typically take to resolve in Lee County?

Most misdemeanor cases resolve within two to six months, depending on complexity, court scheduling, and whether the case proceeds to trial. Cases involving diversion programs or extensive negotiations may take longer. Contested cases requiring trial preparation and witness coordination typically fall on the longer end of this range.

What happens if I miss my court date for a misdemeanor charge in Auburn?

Failing to appear for a scheduled court date results in a bench warrant for your arrest and additional charges for Failure to Appear—itself a misdemeanor. The judge may also revoke any bond and order you held in custody pending resolution of the case. If you cannot attend a court date, contact your attorney immediately to request a continuance.

Do I have to disclose a misdemeanor on law school or medical school applications?

Most professional school applications require disclosure of criminal convictions and, in many cases, arrests regardless of outcome. Failing to disclose required information can result in rejection or, if discovered later, revocation of admission or licensure. Review each application’s specific questions carefully and consider consulting with an attorney about how to respond appropriately.

Protect Your Future with Knowledgeable Legal Representation from Vaughn Defense

A misdemeanor charge doesn’t have to derail your education, your career, or your future. Whether you’re facing public intoxication charges after a night out in downtown Auburn, an MIP citation from a party near campus, or more serious allegations that threaten your standing at Auburn University, you deserve a defense attorney who understands both the Lee County court system and the unique pressures facing students in this community.

If you or your student is facing misdemeanor charges in Auburn, Opelika, or anywhere in Lee County, don’t wait to seek legal counsel. Contact Vaughn Defense today at (334) 232-9392 or reach out online to schedule a confidential consultation. Early intervention often makes a meaningful difference in how these cases resolve—let me put my knowledge and experience to work protecting your future.