MIP Michigan

[promo]

Oakland County, Michigan.

Driving to taco bell at around midnight, and I get pulled over for an expired tag.
The officer was still in training, new, and wasn't sure what he was doing.

He asks if he can search my car, I had nothing wrong with that, and I do not know the law very well.. I was being completely honest with him at all times. When he asked me to search my car I was okay with that, and I told him I had an empty bottle of Jack in my car, a friend left it there. I do not drink, I have not been drinking, and if you were to test the bottle and myself you would understand that.
He instantly went from nice cop to dick cop.
He asked me to step out of the car, put me in handcuffs. Gave me a sobriety test, I passed. Like I said, I do not drink.
He places me in the Tahoe and tells me that he's going to go search my car and see if he should arrest me or not....

He raids my car, searches EVERYTHING, and he does it horribly. Everything is taken out, and my new dress shirt's ruined.
Comes back and tells me we're going to the station, but since I left my car in a parking spot he wouldn't impound it.

We get to the station, I get pictured, printed and all, and then he lets me out with a "Local Ordinance" ticket, MIP.
14 days to call the court and setup an appointment.

I am currently freaking out.
This is my first violation ever, I've had 1 point on my license, I got that ticket when I was 17. I'm now 20.
I go to WSU, I work a full time job, and I live on my own.. I can't really afford to hire a lawyer at this time.
I'm not sure what to do, all I know is I need to come out of this with as little damage as possible.
Oakland county is known for having bad judges that are really only out to get you.

What should I do?

 

[promo]

The bottle of Jack had been in my car for 3+ months. I honestly did NOT realize how big of a deal this was. Apparently the law feels the need to have a law for everything.
It was behind my drivers seat, I have a coupe, with racing seats. You're restrained in them. I can't reach to the passenger side let alone try and grab something BEHIND the seat. The officer told me that it was within access but when he got in my seat he had a difficult time getting OUT of the seat, yes, you're that restrained.

 

[stealth2]

The bottle was in your car. It really is that simple.

 

[mistoffolees]

I am currently freaking out.
This is my first violation ever, I've had 1 point on my license, I got that ticket when I was 17. I'm now 20.
I go to WSU, I work a full time job, and I live on my own.. I can't really afford to hire a lawyer at this time.
I'm not sure what to do, all I know is I need to come out of this with as little damage as possible.
Oakland county is known for having bad judges that are really only out to get you.

What should I do?

Get a lawyer.

You can't afford NOT to have a lawyer. A decent lawyer may be able to get the matter dropped, but if you go into court 'freaking out', you will likely be penalized and find yourself with a permanent record.

 

[promo]

I can't hire a lawyer.. I'm 20, go to school and pay for it myself, and I have a full time job which basically pays for tuition, rent, and bills.
I can't afford to drop the 2-3k on a lawyer.


Should I take a plea bargain?

1 vs. 1 with the prosecutor and explain my ordeal and hope he lets me off easy with 2-3 months of probation?
Or should the penalty he gives me isn't favorable I could go to court for it and delay the hearing long enough to obtain cash to pay for a lawyer.

What are my possible penalties?

 

[mistoffolees]

I can't hire a lawyer.. I'm 20, go to school and pay for it myself, and I have a full time job which basically pays for tuition, rent, and bills.
I can't afford to drop the 2-3k on a lawyer.


Should I take a plea bargain?

1 vs. 1 with the prosecutor and explain my ordeal and hope he lets me off easy with 2-3 months of probation?
Or should the penalty he gives me isn't favorable I could go to court for it and delay the hearing long enough to obtain cash to pay for a lawyer.

What are my possible penalties?

I don't have any idea what a local judge would do or what plea bargain they're offering, so it would be irresponsible for me to tell you which option you should take.

Believe me, the long term consequences are likely to be much greater than the cost of an attorney. At the very least, you should talk with an attorney. Many will give a free consultation. Or if you need to be represented, some of them will work out a payment plan.

 

[promo]

Officer told me that since this is my first offense, I should expect a year of probation and be done with it.
He couldn't tell me what my chances are of getting off with just probation, but I heard probation itself is pretty expensive.
I called the court house and they told me that they're mailing me a court date, so I don't believe I even have the ability to have a plea bargain.

I'm going to have to hire a lawyer now.. I'm just not sure where to find a good, cheap one that will work out a payment plan for me.

 

[stealth2]

I can't afford to drop the 2-3k on a lawyer.

Can you spell Public Defender? Assuming, of course, that you meet the criteria. Which you may or may not.

 

[promo]

Can you spell Public Defender? Assuming, of course, that you meet the criteria. Which you may or may not.

I heard that just because one is appointed to you doesn't mean that you don't have to pay for it?

And can I spell it? Just because I got caught doing something stupid doesn't mean I am.

 

[justalayman]

You really need a lawyer. Michigan has a system called HYTA that, would make this basically go away, at least if you fulfill the probation requirements.

 

[quincy]

promo, on your first appearance, plead not guilty. The court will set up a new hearing date.

Between your first appearance and the second, speak with an attorney. If you are attending Wayne State already, WSU has a law school connected with it - look for free assistance there and/or inquire there about attorneys in the area who work with students on a regular basis. Many will offer payment plans.

If you get a public defender, yes, you will probably be expected to pay based on your ability to pay. Generally you cannot get a public defender for a first offense MIP. In addition, even if the court were to appoint one for you, Michigan's public defenders are overworked and have huge caseloads and do not have time, generally, to devote much time to any one case. You will be better off with a private attorney who can spend more than 5 minutes looking over the facts of your case.

It is possible (perhaps not probable) that an attorney can get the case dismissed entirely after a review of all of the facts. It is more than possible (probable) that an attorney can get you into a diversion program for first offenders, which will allow for you to keep your criminal history clean. You do NOT want a misdemeanor conviction as it will play havoc with student loans, travel to Canada, job opportunities....

As long as you adhere to all of the terms of the program and do not reoffend during the probationary period, the MIP will be discharged and dismissed, with no public record and nothing to report on employment or school applications (with a few exceptions).

It is true that some judges in some counties in Michigan are tough on drug and alcohol offenders. Some like to order jail time. It is imperative, therefore, that if you qualify and are offered diversion, you do not violate any terms of your probation. A misdemeanor conviction can be automatically entered by the court if you screw up in any way.

Again, speak with an attorney. WSU Law School should be a good source for advice and direction.

 

[promo]

I'll go to WSU on tuesday and see what they can do for me. Thanks.

 

[quincy]

You're welcome, promo. Good luck.