College should be about growth, learning, and making memories—not worrying about criminal charges that could derail your future. Yet every year, hundreds of Clemson University students find themselves facing Minor in Possession (MIP) and disorderly conduct charges that can have serious consequences far beyond graduation.
As attorneys who’ve spent years serving the Upstate South Carolina community, we understand how quickly a typical college night out can turn into a legal challenge. We’re here to help you understand your rights and options under South Carolina law.
Minor in Possession: What Every Clemson Student Should Know
South Carolina’s MIP Law (SC Code § 63-19-2440)
Under South Carolina law, it’s illegal for anyone under 21 to:
- Purchase or attempt to purchase alcoholic beverages
- Consume alcoholic beverages
- Knowingly possess alcoholic beverages
- Present false identification to obtain alcohol
The law is strict—you don’t need to be drinking or intoxicated. Simply holding a beer at a party or having alcohol in your dorm room is sufficient for charges.
Penalties Under SC Law
First Offense:
- Fine between $25-$100
- Possible 30-day driver’s license suspension
- Community service requirements
- Mandatory alcohol education program
Subsequent Offenses:
- Increased fines up to $200
- Extended license suspension (up to 60 days)
- Additional community service
Real Consequences for Clemson Students
Beyond legal penalties, MIP charges create challenges specific to college life:
Academic Impact:
- Clemson University Student Code violations
- Possible residence hall removal
- Loss of student organization participation
- Athletic program suspension
Long-term Professional Impact:
- Background check complications for internships
- Professional licensing issues (education, healthcare, engineering)
- Graduate school application problems
- Security clearance difficulties
Disorderly Conduct: More Serious Than You Think
Understanding SC Disorderly Conduct Law (SC Code § 16-17-530)
South Carolina defines disorderly conduct as acting in a “boisterous, tumultuous, or disorderly” manner. For students, this often includes:
- Loud, disruptive behavior in public areas
- Public intoxication combined with disorderly acts
- Fighting or threatening behavior
- Interfering with pedestrian or vehicle traffic
- Using profane language that disturbs others
Penalties for Disorderly Conduct
- Fine: Up to $100
- Jail time: Up to 30 days
- Both fine and jail time for repeat offenses
- Criminal record that appears on background checks
Why These Charges Hit Clemson Students Hard
High-Risk Situations
We frequently see students charged in these common scenarios:
Football Weekends: Increased law enforcement during games leads to more arrests for behavior that might otherwise be overlooked.
Downtown Clemson: The concentration of bars and late-night venues creates situations where minor incidents escalate quickly.
Off-Campus Parties: Noise complaints often result in police visits, leading to multiple citations.
Tailgating: Alcohol violations combined with large crowds create perfect conditions for charges.
The University’s Role
Clemson University maintains its own disciplinary system separate from criminal courts. Students often face:
- Dual proceedings (criminal court AND university hearings)
- Different standards of evidence
- Sanctions that can affect housing, organizations, and graduation
Your Defense Rights Under South Carolina Law
Constitutional Protections
Even as a college student, you have fundamental rights:
- Fourth Amendment: Protection against unreasonable searches
- Fifth Amendment: Right to remain silent
- Sixth Amendment: Right to legal representation
- Due Process: Right to fair proceedings
Common Defense Strategies
With experience on both sides of the courtroom, we know how prosecutors build these cases—and how to challenge them:
For MIP Charges:
- Illegal search challenges: Did police have valid reason to search you or your belongings?
- Constructive possession defenses: Were you actually in control of the alcohol?
- Miranda violations: Were your rights properly read before questioning?
For Disorderly Conduct:
- First Amendment protections: Was your behavior actually protected speech?
- Vague definition challenges: Did your conduct truly meet the legal standard?
- Witness credibility issues: Are police observations accurate and complete?
Pre-Trial Intervention (PTI) Options
South Carolina offers PTI programs that allow first-time offenders to avoid conviction through:
- Community service completion
- Alcohol education programs
- Probationary periods
- Case dismissal upon successful completion
What to Do If You’re Charged
Immediate Steps
- Contact an attorney immediately: Don’t wait—early intervention often leads to better outcomes
- Document everything: Write down what happened while it’s fresh in your memory
- Preserve evidence: Save text messages, photos, or witness contact information
- Stay quiet: Don’t discuss your case on social media or with friends
Mistakes to Avoid
- Ignoring the charges: Court dates are mandatory—failure to appear creates additional problems
- Handling it alone: The stakes are too high for DIY legal defense
- Talking to police: Exercise your right to remain silent until you have representation
- Posting online: Social media posts can become evidence against you
How We Help Clemson Students
Our Community Connection
As members of the Upstate South Carolina community, we understand the local court system, prosecutors, and judges. This knowledge helps us navigate your case more effectively.
Our Approach
We put the client first, never treating your case as just another number. Our strategy includes:
Immediate Case Assessment: We review arrest procedures, evidence collection, and identify defense opportunities.
Protecting Your Future: We work to minimize both criminal and academic consequences.
Clear Communication: We explain legal proceedings in plain language, keeping you informed throughout the process.
Negotiating Alternatives: We often secure favorable plea agreements, PTI programs, or case dismissals.
Success Stories
We’ve helped numerous Clemson students achieve outcomes like:
- Complete case dismissals
- Reduced charges to non-criminal violations
- PTI program acceptance
- Expungement eligibility preservation
The Long-Term View: Protecting Your Future
Career Considerations
Many career paths require background checks or professional licensing:
- Education: Teaching licenses require disclosure of criminal history
- Healthcare: Medical and nursing licenses scrutinize alcohol-related offenses
- Engineering: Some positions require security clearances
- Business: Financial industry positions often require clean records
Graduate School Applications
Most graduate programs ask about criminal history. Having experienced legal representation can often result in outcomes that don’t require disclosure or provide better explanations for admissions committees.
Taking Action: Your Next Steps
If you’re facing MIP or disorderly conduct charges, remember that these incidents don’t have to define your future. With proper legal representation, many students successfully navigate these challenges while protecting their academic standing and career prospects.
We understand the emotional and financial toll that legal challenges can bring, especially when you’re managing college pressures. That’s why we listen closely to your concerns and tailor our strategies to meet your unique needs.
Why Choose DeShon Wyse?
- Experience: Years of criminal defense experience on both sides of the courtroom
- Community Focus: Deep roots in Upstate South Carolina and understanding of local courts
- Student-Centered: We understand the unique challenges facing college students
- Proven Results: Track record of successful outcomes for students facing similar charges
Contact Us Today
Don’t let criminal charges derail your college experience or future career. Contact DeShon Wyse today for a consultation where we’ll review your case, explain your options, and develop a strategy to protect your interests.
Your academic success and future matter to us. We’re here to help guide you through this challenge and get you back on track toward achieving your goals.
Your Family, Your Future, Our Focus.
Ready to protect your future? Contact DeShon Wyse today or schedule a consultation online. We’re here to help Clemson students navigate criminal charges with experienced, compassionate legal representation.