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MIP Should I plead Nolo contendo?

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GeVeGodfather

Junior Member
i am 18 and am going to court in Ottawa County, MI in 2 weeks for an MIP for alcohol. Before this i have a a clean record. Judge Post is known for not allowing diversion programs to underage drinkers because he says they don't work. Am i aloud to get tried in a different court so i can get it taken off my record. Should i plead Nolo Contendo so my record doesn't have a guilty plea? This MIP is a misdemeanor and i am planning on going to medical school. I heard that the MIP won't greatly effect my acceptance to medical school but i read that misdemeanors can stop me from getting professional liscenses. is that true? Must i go to the same judge to get it expunged in five years cause Judge post refuses to expunge MIP's? The law states if i can't afford an attorney i will get one provided for me. Will there be one at the court i can talk to?What is the name of your state (only U.S. law)?
 


quincy

Senior Member
A lot of questions here. :)

I think you would be wise to consult with an attorney well-versed in Michigan MIPs in your area. Borrow the money, if necessary, but you will definitely benefit from the advice and direction of a lawyer, especially if the hearing on your MIP is before Judge Post. A judge does not need to appoint an attorney for an indigent defendant unless jail time is possible (and, even then, the attorney is not necessarily "free" - the county oftens requires that a defendant pay the county back for the services of the attorney).

Diversion programs in Michigan are offered at the discretion of the judge and you are right that Judge Post does not offer the program for first offenders. Unless you can show that either the Holland Court or Grand Haven Court has jurisdiction, you are stuck with having your MIP heard before Post in Hudsonville. An attorney can advise you if a change of venue is at all possible, but I think it is not.

A Nolo Contendere plea is used usually when a defendant cannot recall the criminal actions for which he is charged (as is sometimes the case where intoxication is involved) or when a guilty plea could be used in a potential civil lawsuit. A nolo contendere plea is treated in sentencing by the judge the same a guilty plea, however. For diversion programs in Michigan, a guilty plea must be entered.

Because Judge Post does not offer diversion programs, and a misdemeanor conviction would appear on your record (unless or until it is expunged - and even with an expungement, the guilty plea and conviction remain on your Michigan driving record, which affects your auto insurance), many MIP first offenders appearing before Judge Post are demanding jury trials. Or, many look to have the district court decision overturned.

Ottawa County is not alone in denying diversion to MIP first offenders. In Oakland County, two judges (Asadoorian and Barron) routinely deny diversion and the offenders are left with a misdemeanor record. In addition, these two Oakland County judges have jailed first offenders. In 2008, Oakland County jailed 109 minors over MIP charges.

Currently, the Criminal Defense Attorneys of Michigan have filed suit against these judges (on behalf of three families whose minor children have been jailed on their MIP offenses) and the ACLU has said that some judges in Michigan are abusing their power.

So, my recommendations to you are to get a lawyer (contact the state Bar of Michigan for some references in your area and check out free legal aid clinics in your area) - and the attorney may find it wise to contact the Criminal Defense Attorneys of Michigan, and to contact the ACLU. But I would not head into Post's courtroom without legal representation, as a misdemeanor record can affect your future career goals.

Good luck.
 
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GeVeGodfather

Junior Member
Reply to quincy: on MIP charge

Thank You so much for your reply! i will definitely look into getting some legal representation! I have two quick question though. you said i must plead guilty to do a diversion program, do i have to plead guilty to get it expunged later on? like if i plead nolo does that prevent me from getting it expunged later on. for the diversion program, is there a limit to how long i stay on probation? and do you know how long kids usually stay on probation and how much community service is usually required.
 

quincy

Senior Member
Expungement is for convictions (especially for a first offense conviction), so whether you plead guilty or not to your MIP, if you are convicted of the misdemeanor, you can later attempt to have the conviction expunged from your record.

The plea is not what matters in an expungement, in other words, it is the conviction on the offense.

To get a misdemeanor expunged from your record, you would have to wait five years from the date of sentencing.

If you were to be offered diversion, the probationary period is generally six months, and you must satisfy all the terms of diversion during this time (community service hours - generally around 360 hours - must be completed, alcohol education classes - sometimes offered by the courts online - must be completed, fines must be paid). You must not violate any of the terms of probation (which could include random drug testing and would include no drinking or possessing of alcohol or drugs) or violate any other laws.

If all the terms of diversion are satisfactorially met and you have not violated any of the terms of your probation, then your MIP will be dismissed and discharged and there will be no public record of the MIP (although the Secretary of State's Office and law enforcement will have access to it and, should you commit another offense while still a minor, your first MIP will be taken into consideration).

If you do not complete the terms of diversion or if you violate your probation, you return to court on the original MIP charge and no diversion program is offered a second time. Because you must plead guilty to the MIP to be offered diversion, you will wind up with the misdemeanor on your record (and you will wind up with all of the problems a misdemeanor on your record can cause).

I am glad to hear that you are going to look for an attorney. In many counties in Michigan, an attorney may not be quite so vital for an MIP charge. In Ottawa and Oakland Counties, it can be vital.

Good luck.
 

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