2nd MIP charge

[Alec Johnson]

Hey everyone, thanks for answering in advance, it will really help me out. I'm 18 years old, and I got an mip over the summer, I accepted the plea of a 6 months under watch with a deferment at the end of my probation. I didn't have a probation officer, I was told they would just check my record every month for alcohol charges. I'm currently attending Michigan State University, and a couple weeks ago I was issued an mip in my dorm room, I was not breathalyzed. The officer told me that I will probably be able to get it deffered to a littering ticket using a free lawyer service that MSU provides. I went to the court and pleaded not guilty, and somehow the court in east Lansing told me that my mip was already deffered. So my question is, will the court from my hometown find out about the charge since I pleaded not guilty? And also, if I get it deffered to a littering ticket, will my court still be able to say I violated probation, and if so, what should I do next?

 

[HighwayMan]

Ask your free lawyer.

He'll have a a better chance of answering and getting it right.

 

[adjusterjack]

will the court from my hometown find out about the charge since I pleaded not guilty?

I'm guessing yes. The whole world is connected by computers through the internet.

if I get it deffered to a littering ticket, will my court still be able to say I violated probation

Yes.

if so, what should I do next?

Hopefully learn a lesson from the second offense that you didn't think to learn from the first offense.

 

[quincy]

Hey everyone, thanks for answering in advance, it will really help me out. I'm 18 years old, and I got an mip over the summer, I accepted the plea of a 6 months under watch with a deferment at the end of my probation. I didn't have a probation officer, I was told they would just check my record every month for alcohol charges. I'm currently attending Michigan State University, and a couple weeks ago I was issued an mip in my dorm room, I was not breathalyzed. The officer told me that I will probably be able to get it deffered to a littering ticket using a free lawyer service that MSU provides. I went to the court and pleaded not guilty, and somehow the court in east Lansing told me that my mip was already deffered. So my question is, will the court from my hometown find out about the charge since I pleaded not guilty? And also, if I get it deffered to a littering ticket, will my court still be able to say I violated probation, and if so, what should I do next?

I agree with HighwayMan that you should rely on the help available to you through Michigan State University's Student Legal Services.

Michigan's Senate voted to decriminalize a first offense minor in possession of alcohol charge earlier this year, making it a civil infraction rather than a misdemeanor offense, but this is NOT the law in Michigan yet. It is, however, recognized in East Lansing, if you were ticketed within the City limits. If you are ticketed in East Lansing, you can have your first offense reduced to a civil infraction littering ticket after a 90 day probationary period.

But, because the diversion program is only available for a first offense, you will not get another opportunity to enter a diversion program now.

If you have not yet completed the probationary period on your first MIP, you could have your probation revoked. Any violation of any law (federal, state or local) is also a violation of the terms of your probation. With your probation violation, your first MIP can be entered as a misdemeanor. You could also have this latest MIP result in a second misdemeanor conviction. You will have a criminal record and there are many problems that come with a criminal record.

Although I would not count on getting your second MIP reduced to littering, and I would not count on you walking away from your two MIPs without a criminal record (although these offenses can be expunged from your record in 5 years), the help you receive through legal services could work some miracles for you. The prosecutor and the judges in Ingham County are about as fair with students with MIP charges as you will see anywhere in the state.

Here for the benefit of others is a link to the current laws in Michigan on minors and alcohol, MCL 436.1703: http://www.legislature.mi.gov/(S(arcuz2mtdsah5mu0bdkpqog5))/mileg.aspx?page=GetObject&objectname=mcl-436-1703

 

[stealth2]

Lose the booze.

Are your parents helping subsidize your education (even if only via co-signing loans)? Do they know of your legal issues?