• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

MIP Diversion Program violation/ Probation violation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

imintrouble7

Junior Member
Towards the end of june, I recieved a Minor in Possesion of alcohol. I was 17 at the time but now i am 18. In michigan, if it is the first time dealing with the law, they offer a MIP diversion program. This includes 90 days of probation, random drug tests and a MIP diversion class. i completed it all, and on the 90th day went to report for my final time, or so i thought. my probation officer then informed me on my last drug test my urine was diluted so she set up an appointment to drug test the next morning. i didn't show up. i know this is a probation violation and i'm wondering what the consequences that i will most likely face are. i am not here to hear, "you could face jail time and get your license suspended" (unless you actually think that's going to happen). i know that. i just want to know, from either personal or proffesional opinions, what i will MOST LIKELY have to face. I am supposed to leave for the marines in january and i cannot leave if i'm on probation still. i'm hoping my PO will take this into consideration but she's a not very nice and is pretty tough. i'm usually looked at as a good kid, 2 jobs, took criminal justice classes, enlisted in the marines. tell me what you think. fines? extended probation? counseling? merely a re-test?
 


imintrouble7

Junior Member
i slept in. she only told me to drug screen in the morning. if i were to take a drug test tomorrow morning, i would pass. the only problem is the place i go to test at is closed for the weekend.
 

Zigner

Senior Member, Non-Attorney
i slept in. she only told me to drug screen in the morning. if i were to take a drug test tomorrow morning, i would pass. the only problem is the place i go to test at is closed for the weekend.
But you DO understand that, presumably, had you taken the test when scheduled, you would have failed, right?
 

stealth2

Under the Radar Member
my probation officer then informed me on my last drug test my urine was diluted so she set up an appointment to drug test the next morning. i didn't show up.
And... how did THAT happen? (And please don't take us for fools and say you don't know.)

i'm hoping my PO will take this into consideration but she's a not very nice and is pretty tough.
I doubt that being nice is part of her job description, although being pretty tough probably is. She's supposed to be so that you stay on the straight and narrow.

Are you sure the Marines still want you?
 

imintrouble7

Junior Member
And... how did THAT happen? (And please don't take us for fools and say you don't know.)



I doubt that being nice is part of her job description, although being pretty tough probably is. She's supposed to be so that you stay on the straight and narrow.

Are you sure the Marines still want you?
why don't you try answering the question in the original post? and that is what i'm worried about. they know about the MIP and probation and it wasn't a problem. now if i get more probation and that probation period is extended past jan 3rd, i could be in trouble.
 

Zigner

Senior Member, Non-Attorney
why don't you try answering the question in the original post? and that is what i'm worried about. they know about the MIP and probation and it wasn't a problem. now if i get more probation and that probation period is extended past jan 3rd, i could be in trouble.
I would start making alternative plans if the Marines don't work out...
 

imintrouble7

Junior Member
I would start making alternative plans if the Marines don't work out...
and how is a comment like this helping? i know i messed up and you have no idea the stress/regret/self hatred i've been through in the last day. this comment seems more like a smart a-- comment to me.
 

quincy

Senior Member
imintrouble, the diversion program was offered to you so that you could avoid having a criminal record, but in order to enter the diversion program you had to plead guilty to your MIP.

The guilty plea, held by the court until all terms of the diversion program were satisfactorially met, can now be entered by the court. This will leave you with a misdemeanor, and a future of having to deal with all the problems that can come from having a criminal record (ie. lost job opportunities, higher interest rates on loans, higher insurance premiums, limits on travel).

By submitting a diluted urine sample and then missing the urine-retake, you violated the terms of your probation. You may be ordered to court for a probation violation/show cause hearing. Your probation officer only needs to show, by a preponderance of the evidence, that you either did not complete all terms of the diversion program satisfactorially or that you violated your probation. You will be given the opportunity to present a defense. The court will often decide what to do based upon the recommendation of the probation officer (if you are in Ottawa County, and I had to guess, I'd say you'd get the misdemeanor)

And, if you do not show up for the show cause hearing, then the court will issue a bench warrant for your arrest.

The whole purpose of random drug testing is so that a person cannot prepare for it. A delay in submitting your urine sample could potentially be shrugged off by your probation officer but, then again, it might not be. I guess the best you can do is go in on Monday to submit a urine sample and see if your probation officer will accept your "sleeping in" excuse.

So, as Zigner pointed out, you may want to think of some alternative plans, if you wind up with a criminal record over your inability to refrain from drinking for 90 days and the Marines decide they don't want a kid with a criminal record.
 
Last edited:

MNguyCG

Junior Member
and how is a comment like this helping? i know i messed up and you have no idea the stress/regret/self hatred i've been through in the last day. this comment seems more like a smart a-- comment to me.
imintrouble, don't worry about that Zigner, he just sits on this forum all day and looks for threads where he can cause grief for people.

You should contact your PO asap, like cell phone right now if possible, and let her know what happened. You need to own up right now, and see if there's anything you can do, that's your best bet.

I hope this works out for the best. Try not to stress out too much.
 

Zigner

Senior Member, Non-Attorney
You should contact your PO asap, like cell phone right now if possible, and let her know what happened. You need to own up right now, and see if there's anything you can do, that's your best bet.

I hope this works out for the best. Try not to stress out too much.
So, you DON'T think our OP should make alternative plans? :rolleyes::rolleyes:
 

stealth2

Under the Radar Member
why don't you try answering the question in the original post? and that is what i'm worried about. they know about the MIP and probation and it wasn't a problem. now if i get more probation and that probation period is extended past jan 3rd, i could be in trouble.
I'm waiting for you to answer my question about how it happened that your urine was diluted.
 

stealth2

Under the Radar Member
Ya know, though... it's kind of funny. You want us to tell you what the likely consequences are, but you don't want to know them if they don't keep with your plan. Thing is, as I am sure you know, the Marines aren't the easiest arm of military service to get into. Your legal issues may have been a problem earlier - now they are much more likely to cause you problems with your enlistment. The military in general, and the Marines in particular, don't cotton to recruits who can't - or won't - follow the rules/orders. You've shown that you have a problem with that. Hence my question - are you sure they still want you?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top