On his way back from a 7-Eleven two years ago, Brad Goss waited for the Carson Hall elevator to reach the bottom floor. The doors opened and a police officer emerged from inside, grabbed him by the front of his jacket and demanded to see the contents of his grocery bag.
Goss refused to hand it over. The officer took the bag and searched it, finding two bottles of wine and a 24-ounce beer. He charged Goss with one minor in possession count and gave him a court date.
Goss was in trouble; he had a fine and an alcohol abuse class waiting for him.
Then, a friend who had an encounter with the same policeman told Goss about ASUO Legal Services. He told Goss, a freshman at the time, that Legal Services would help fight the charge.
Legal Services, a program sponsored by the ASUO, provides students with access to far less expensive legal counsel, advice and services than they might find on their own.
“One of our mottoes used to be ‘We fight long and hard over 10 bucks,’” Legal Services Director Ilona Koleszar said.
Legal Services employs two lawyers, Koleszar and Laura Fine. Koleszar described Fine, who runs her own law practice, as “a brilliant attorney.”
Fine took Goss’ case.
Goss, now 21 years old and a junior, said of Fine, “She knew the law, and she really wanted to help me.”
Fine told Goss he had been illegally searched and she could help get the MIP thrown out. He decided to fight the charge in court.
“Without her, I probably would have paid the fine,” Goss said. “I just would have been upset. It would have told the EPD that it’s alright to take advantage of kids because they know that we don’t know the law very well.”
Fine filed a motion to throw out the bottles as evidence. Goss told his story to the judge and testified that he was “100 percent sober” when he got his citation, he said, and an eyewitness also spoke on his behalf.
The officer then took the stand, saying he had heard the bottles clinking in Goss’ bag, which gave him probable cause for a search, he said.
In the end, the judge ruled in Goss’ favor and threw out the bottles.
“It was a bigger victory than just for me,” Goss said.
The largest number of cases that come before Legal Services are alcohol-related, especially during football season when tailgate parties can lead to illegal activities. The office also deals with many landlord-tenant and family law related issues and less common fields, such as expungement of juvenile records.
Legal Services is usually free, although in cases such as the writing of wills and in-court representation, the office charges a $30 fee.
When students need services beyond the scope of Legal Services, such as in felony cases, Koleszar said she still offers advice and connections to lawyers who can help. She surveys local legal firms in an effort to find those willing to offer lower rates to students.
“We give them all the legal advice they can stand to hear,” Koleszar said.
Goss used the services after his MIP was thrown out. Encouraged by the victory, Fine referred him to her private practice, saying they could win a settlement in civil court.
EPD decided to settle with Goss, granting him a $3,000 settlement. Fine took $1,000 in fees and Goss kept the rest, which he used to finance a trip to Europe that summer.
“Individually, most students can’t afford a lawyer,” Koleszar said. “But together, you have a lot of buying power.”
Campus and Federal Politics
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