Question for Michigan Attorney For Minor In Possession (M.I.P.) of Alcohol Charge in Rochester Hills, Michigan – Need Michigan Lawyer for MIP

Home » General » Question for Michigan Attorney For Minor In Possession (M.I.P.) of Alcohol Charge in Rochester Hills, Michigan – Need Michigan Lawyer for MIP

www.AllLegalMatters.com  That’s a sweeeet web site name.  I found you guys on Google.   Anywayyy….. I am 19 and am flat out busted for MIP being in possession of alcohol as a minor, and I know there is no way to beat the case but I probably need a lawyer anyway. I was at a party in Rochester Hills at my boyfriend’s house, parents were out of town and the cops came in I was wasted with a pint in my back pocket.   We were all underage drinking and some guys got busted fo smoking chronic, another guy had a few hits of Ecstacy and some vicodins, so we were all f&%ed right? Anywayyy, my question for one of you attornesy who deal with a lot of MIP cases in Michigan is what are the real legal consequences of being caught for MIP with a few beers and a pint of vodka as a minor? A lot of my friends up at school in Michigan at MSU, Central, U of M, etc., have been charged with MIP and all that happened to them was a fine and they were done but someone told me Rochester Hills was tough on MIP charges. Can you guys help with an MIP in Rochester Hills and what can I expect. Will I just get a fine for my MIP? They can’t put me in jail for a first offense MIP right, I read tht, just fine me or what? Are the judges in Rochester Hills tough or easy? I really don’t want my parents to know and would rather just walk away from this MIP if I can.  How does Michigan law treat a MIP on my record, does it go away?  Everyone I know has MIPs so I knew it was just a matter of time, so I guess its my time.  Should I hire a lawyer?

Sorry, lots of questions but you guys seem to have all the answers so thanks. :)

Comments

  1. Thank you for visiting Michigan’s exclusive free legal blog and website. http://www.AllLegalMatters.com. The offense of minor in possession of alcohol (MIP) in Michigan for a first offense is a misdemeanor, but is actually a non-jailable offense (meaning under Michigan law for an MIP first offense the legal penalties do not include jail). However, this does not mean that you can not go to jail ever on this offense (get to that later). Depending on the facts of your case there will be a few options for you to consider. Of course, the first option is your right to trial. Again, depending on the circumstances and the evidence that the police have against you the prosecution may not even be able to make a case against you for MIP for a judge or jury to find you guilty.

    Assuming that they have a lock solid case against you then you will still probably have some options. Most courts will allow you to enter into a plea agreement to put you under-advisement, whether under the MIP statute or HYTA (Holmes Youthful Trainee Act). This means that if you do not get in any trouble over the period of probation, and you complete all the terms and conditions of probation which often includes random PBT testing, alcohol education classes, and other obligations, then the MIP charge against you would get dismissed and would not go on your record.

    If you do not comply with the terms of probation then the offense could then be abstracted to your driving record and criminal history in a probation violation hearing. Also, if you violate pobation, this is when the judge could put you in jail for “contempt of court.” Although the attorneys at http://www.AllLegalMatters.com do not agree that this is lawful (along with at least one Oakland County Circuit Court judge who has overturned a conviction out of Bloomfield Hills), the contempt of court theory is used by the judges in Rochester Hills, Bloomfield Hills, and other Michigan courts as an excuse to put a person in jail on a first offense MIP in Michigan because as stated above it is a non-jailable offense.

    If you have any questions regarding any of the above please contact our office immediately to discuss further. Hopefully this was helpful. Oh, and by the way, the judges in Rochester are extremely tough judges, that is not the city where you want to get “busted.” You can count on very strict terms of probation if you are convicted, and depending on the judge, jail if you violate probation. That’s a fact, and in that court you especially need qualified legal representation.

    Attorney Peter A. Torrice
    Canu Torrice Law
    32059 Utica Road
    Fraser, MI 48026
    586-285-1700
    http://www.AllLegalMatters.com

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