The Criminal Defense Law Center of
West Michigan
Starting in 2018, anyone who gets busted for being a Minor in Possession of Alcohol, first offense, will no longer be facing a misdemeanor. A new law that was passed by the Michigan legislature and signed by Governor Snyder in December of 2016 makes a first offense MIP a civil infraction.
In other Michigan MIP News, the maximum punishment now for a first offense MIP in Michigan is a $100 fine and potentially community service and substance abuse classes. The current misdemeanor charge, which is going to stay on the books till December 31, 2017, carries a $100 fine and up to 90 days in jail, and the chance of substance abuse classes and community service.
In more Michigan MIP News, a second offense MIP would be a misdemeanor punishable by up to 30 days in jail and a $200 fine. A third offense would result in a sentence of up to 60 days in jail and a $500 fine. There could also be a revocation of the minor’s driver’s license with a third offense MIP.
Over a thousand Michigan minors were cited for MIP violations last year. The Detroit Free Press reports that “from 2009 to 2013, the latest statistics available from the Michigan State Police, some 38,499 people under age 21 were arrested for some sort of minor in possession charge. And counties with college towns racked up some of the biggest numbers, including: Ingham County, home of Michigan State University, with 863 citations in 2013; Washtenaw County, home to the University of Michigan and Eastern Michigan University, with 401 MIP charges; and Isabella County, home of Central Michigan University, with 233 charges.” This Michigan MIP News suggests that many young adults in Michigan are negatively impacted by a MIP conviction.
Towns and cities in Michigan should probably adjust their laws to reflect the new Michigan law. The new law also has some practical considerations that are not addressed at the moment. It will be interesting to see how these considerations are dealt with. Hopefully, local Michigan governments will get in line with the newly amended state law.
Minor in Possession, or MIP, is a misdemeanor in the state of Michigan. The penalties vary depending on if this is your first MIP, or if this is your second or third offense.
In Michigan, you will be given a ticket that will tell you what you have been charged with and when you need to appear at court. A district court will be assigned to handle your case. Please check your MIP ticket very carefully to see what district court will be handling your ticket. You should be sure to check your ticket very carefully to determine which lower court is handling your case.
If you are charged with an MIP, please be polite when you show up to court. Do not show up to court drunk, or under the influence of alcohol. Furthermore, do as you are told at court. If they tell you to turn your cell phone off or to take your hat off do so!
Most district courts in Michigan have the same process for handling misdemeanor charges, such as Minor in Possession of alcohol (MIP). An arraignment for a MIP is simply a hearing date where the court must explain the charges to the individual and find out how they plead to the charge. A defendant can plead guilty, not guilty or stand mute (remain silent). If a defendant stands mute, the court will automatically enter a not guilty plea on his or her behalf.
1. Plead NOT GUILTY To Your MIP! This is, without a doubt, the most important piece of information on this site. Many students misunderstand their right to plead not guilty at their first appearance. They wrongly think that because they did drink and were caught that they will get in more trouble with the judge and the court if they do not plead guilty. Nothing could be further from the truth. Our justice system will not punish you for exercising your right to plead not guilty so that you can discuss your case with a prosecuting attorney or hire an attorney to fight on your behalf.
2. Look Good: The arraignment for your MIP is your first opportunity to appear before the judge that will most likely be handling your MIP. Look Good! Guys this means a suit and tie and ladies your best dress. When talking to the judge who will be handling your MIP, always address the judge as “your honor.” Do not be late to court! Judes hate it when people come in late to court on their MIP charges.
3. Be Ready For Alcohol Testing: Some courts will alcohol or drug test at the first arraignment and you need to be prepared to answer that question for the judge. Some judges will ask you whether or not you will test clean and that it stays within your system for 30 days. You should be prepared to answer that question honestly, as a dishonest response could land you in jail for contempt of court charge.
In most courts the judges will simply take the not guilty plea and set a pretrial conference, usually giving the student a hearing date at the initial arraignment. There are some courts that will do an arraignment/pretrial and have the meeting with the prosecutor at that time in order to try to dispose of the case.
Too many college students and young people believe that if they did drink if they did fail a breathalyzer, if they did admit to drinking, that they must plead guilty. False! It is everyone’s constitutional right to plead not guilty regardless of whether or not you are actually guilty. It is the burden of the prosecutor to prove their case beyond a reasonable doubt whether it is a murder case or an MIP charge carrying no jail time. In other states, the court process will be very similar, but you should check with an attorney in that state for the exact specifics of how the courts handle the initial appearance, arraignment, and bond.
This is an opportunity for your lawyer to speak with the prosecuting attorney. Your attorney will prepare for the hearing and be the one who will speak with the prosecutor and try to negotiate a plea on your behalf.
If you cannot come to a resolution with the prosecutor in your MIP pretrial conference, you have the right to demand a jury trial or a non-jury trial. If you demand a jury trial it will typically be set for a final pretrial with the prosecuting attorney so that the courts can determine which cases are going to actually go on that day and which are going to be resolved the day before trial. T
The final pretrial is the last opportunity to resolve or to negotiate a plea in your MIP case. If you cannot resolve the case and you have chosen a jury trial, there will be a jury selection and you can have the actual jury trial the next day.
An actual jury trial could take place if no resolution can be reached in your MIP case. In Michigan, the right to a jury trial has been secured by defense attorneys taking cases all the way to the Michigan Supreme Court. Some jurisdictions will complete the jury selection first. After your MIP jury selection, the jury trial will begin and the prosecutor must prove beyond a reasonable doubt that you were a minor in possession of alcohol.
A precious College degree, that you worked so hard for, may not be worth that much if you’ve been convicted of a MIP. A lot of companies and graduate programs perform background checks. These background checks are done before a job offer is made or before someone is allowed to enter into a graduate program. A minor in possession of alcohol (MIP) could prevent you from getting that job offer or entry into the graduate program of your choice.
Many professions such as nursing, engineering, medicine, and health professions, veterinary, education and law include, “good moral character” as a requirement for their licensure process. A MIP could complicate things for you in these professions. You need to take a MIP charge seriously. Don’t just go in and pled guilty without calling The Criminal Defense Law Center of West Michigan first at 616-438-6719.
Is it that big of a deal to have a Minor in Possession on my record? A MIP may be on your record for life if you are convicted or have pled guilty. A person may be able to expunge the MIP from their record but the law typically after a certain period of time if you have no other alcohol-related convictions.
If you do have a misdemeanor Minor in Possession on your record you could be responsible for revealing this information on any job applications for many advanced degree programs such as law school and medical school. You need to contact the Criminal Defense Law Center of West Michigan today if you are facing an MIP. We know how to get you results!