MIP Diversion

[michiganman07]

What is the name of your state (only U.S. law)? Michigan

I am 20 (will be 21 in 4 months) I recently recieved an MIP in Kalamazoo County and will be going to court in the 8th district court south. This is my first offense and have been told by many people that I should take the diversion program. I am wondering if they will offer me the program or do i have to ask? If so when should i ask for it and do i plead guilty or not? If i do recieve probation does it carry over to when I am 21 or would/could it be shortened? Can I call the court and ask if they offer the diversion program before my court date. Also I have never been convicted of any crimes. Also the police officer told us when he pulled us over that he was pulling us over because he got a call that we were screaming obsentities out the window which was untrue. is his reasoning for pulling us over legal?

 

[SaturnSL1]

You need to hire an attorney. The attorney can get you into the diversion program.

The courts CANNOT give you legal advice. They will not answer your questions about the diversion program. Your laywer has to speak to the court officials.

You will most likely be on unsupervised probation for 1 year.

 

[SaturnSL1]

You need to hire an attorney. The attorney can get you into the diversion program.

The courts CANNOT give you legal advice. They will not answer your questions about the diversion program. Your laywer has to speak to the court officials.

You will most likely be on unsupervised probation for 1 year.

 

[quincy]

Although Saturn is correct that having an attorney is wise, one is not always necessary for an MIP, and an attorney is not required to be considered for the diversion program. Diversion is offered for first time offenders only.

Minor in possession is covered under MCL 436.1703.

A plea of guilty is required for you to get diversion. You can enter a plea of guilty at your arraignment, which is when the charge against you is read. Sentencing in that case could occur immediately. Or you can enter a plea of not guilty and a pretrial hearing will be scheduled. At the pretrial hearing, you can also enter a plea of guilty. Most attorneys will recommend that you enter a plea of not guilty at your arraignment and wait for the pretrial before entering a guilty plea.

You must ask for the diversion program in order to get diversion, and you would ask for it BEFORE you enter your plea.

Your sentence is at the discretion of the judge, within the guidelines of the law. He does not have to offer diversion, although most judges will. Even those who never used to offer diversion have been compelled to offer it (for various reasons). The fact that you are 4 months away from your 21st birthday will not affect the sentence imposed. It will not be shortened.

If you are offered diversion, there will be community service hours, possibly drug and alcohol testing, and possibly alcohol education classes ordered, and you will be responsible for the costs incurred as a result of these.

Probation is generally for 6 months, during which time you must satisfy all terms of the diversion program. If satisfactorially met, your MIP will be discharged and dismissed and you will have no misdemeanor on your record. If you do not meet all terms of the probation, then your guilty plea may be entered by the court. If your guilty plea is entered, you will have a misdemeanor on your record, and this can affect you in several areas of your life (no travel to Canada, lost job opportunities, financial aid can be affected).

When you appear in court, there are some important things to remember. You should wear appropriate clothing such as a suit and tie (no tee-shirts, no jeans, no pants that fall below the hips, no hats) and you should bring no food, no gum, no beverages, no cigarettes, no newspapers, no cell phones, and no pagers into the courtroom. You should be quiet and respectful at all times. You should address the judge as Your Honor or Judge. You should stand when addressing the court. You should only speak when asked to speak.

An attorney is helpful because the attorney can relieve you of some of the anxiety you may feel when appearing in court for the first time. The attorney can also ensure that, if there is any way to get the MIP dismissed outright, the MIP will be challenged. The attorney will know whether this can or should be done. If you are a student at Western or Kalamazoo College, there are some attorneys in the area who offer "student discounts" to students charged with MIPs.

Good luck.