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MIP in Michigan at MSU

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RCoutts

Junior Member
We live in OH, child was at MSU in E. Lansing MI. Received MIP. He is almost 19 yrs. old. If it was a campus police that issued the MIP, what jurisdiction will hear the case? I know we can request the diversion program. Do we request it at the first hearing, or plead not guilty then go to pretrial and request the diversion program. Also he goes to school in another city. Is having to call in daily to see if your number is the one to go conduct a breathalyzer standard? Is this something we can organize with the town he goes to school at. It is a couple hours from E. Lansing. This is our first trip down this road and just want to have everything lined up. Also, is an attorney recommended? Our concern is if he resides out of state except for being at school, will there be differrent penalties? I've read never plead guilty, but then you have to plead guilty to request diversion. At what appearance do you request the diversion program? Any advice will be greatly appreciated.What is the name of your state (only U.S. law)?
 


quincy

Senior Member
racer, I am not coming up with anything when I use your tiny url. :confused:

RCoutts, if the MIP was issued on MSU's campus, your son will be going before a judge in Ingham County.

Because a conviction on an MIP can result in a misdemeanor on your son's record, I recommend your son have an attorney - although one is not necessarily necessary in this particular Michigan county (in some Michigan counties an attorney's service can be vital, as diversion programs are not routinely offered for MIPs).

Some attorneys who are located near college campuses offer first offender MIP "student discounts," and your son may benefit from contacting one of these attorneys. An attorney in East Lansing is apt to know the judge your son will be facing - and this can be important. Judges are given a great deal of discretion when handling MIP charges.

In order to be considered for a diversion program, your son must specifically request diversion. When asked by the judge how he pleads, your son should AT THAT TIME request diversion (BEFORE any guilty or not guilty plea).

Ingham County judges regularly offer diversion to first offenders. This program will include community service hours, alcohol education classes, possible random drug testing, and fines. If your son completes all terms of the program within the probationary period (generally 6 months) and does not violate another law during this time, the MIP will be discharged and dismissed and only the Secretary of State and law enforcement will have record of the charge. There will be no public record and no misdemeanor to report on school or financial aid or employment applications.

If your son violates any of the terms of diversion, however, the guilty plea can be entered and your son will have a misdemeanor on his record - which will limit his travel to Canada and can affect his financial aid and job opportunities.

A diversion program can often be tailored to satisfy the needs of the offender - for instance, some courts will allow for alcohol education classes to be taken online and will allow for community service hours to be completed in the offender's "home" area. This is not ALWAYS the case, however, and your son will have to figure out how to serve out his probationary term if he is ordered to complete the program's conditions in East Lansing.

For his court appearance, your son should dress nicely (a suit and tie, if possible), no blue jeans, no baseball cap, no tee shirt, no cell phone, no smell of cigarette smoke, and he should be polite, contrite, and he should not try to make up excuses for his MIP.

Good luck.
 

RCoutts

Junior Member
Thank you for your prompt response. We will look into attorneys in E. Lansing. I have heard that kids who use an attorney only end up getting a few less hours. My concern is that he resides out of state when not in school and whether that would change things. Thank you again.
 

peltiea007

Junior Member
i also recieved an mip in lansing on saturday and i called a lawyer today to ask for advice. he told me to plead not guilty on the first trip and then they will ask you to come back in two weeks. he said that is when you want to ask for the diversion and plead guilty. thats just what he told me. i was issued the mip off campus, and i dont go to MSU. i live 2 hours away and go to FSU. i dont know if that changes anything.

question for quincy? whats the difference between the diversion program and just pleading guilty? also, how big of a fine is it with the diversion program compared just being guilty.
 
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quincy

Senior Member
The fine for the MIP, for both diversion and for pleading guilty, will be "up to" $100 (you should count on the $100 ;)). The diversion program will have, in addition to the fine, costs assessed for alcohol education materials, possible community service costs (transportation), and there are potential substance abuse screening costs. These can add an additional $200 to $400 to the cost of the MIP. Attorney costs, should either of you hire an attorney, can be added to this amount.

In other words, pleading guilty to the MIP will cost you less dollar-wise than the diversion program will, but you will wind up with a misdemeanor on your record, which will be more costly to you in the long run, as misdemeanors affect financial aid, student loans and employment opportunities, and Canada can refuse your entry.

You DO NOT want a misdemeanor on your record if you can avoid it - which you can with diversion.

I believe Ingham County's 55th District Court offers online alcohol education classes for their diversion program, so whether you go to Ferris State or attend a school other than MSU or whether you live out of state, you should still be able to take the classes and satisfy those terms of the diversion program.

Many judges have "pet" community service projects where they like to have the MIP offenders complete their hours, but this may be something that can be worked out if neither of you live in the East Lansing area. Service organizations like Salvation Army that are located throughout the state and country can be a possibility.

You can expect, however, to have to make return trips to East Lansing as part of your probation. The probation period is generally 6 months.

The MIP should have no affect on the record of someone living out of state, if the diversion program terms are met satisfactorially. The Michigan MIP will be dismissed and discharged, and there will be no public record of it.

The advantage to having an attorney, even for an MIP and even when you are likely to get diversion, is that sometimes an attorney can get the MIP dismissed outright on a technicality. It really depends on the circumstances, however. An attorney can also make the court appearance more "comfortable" for someone who has never been in court.

The judges in Ingham are pretty nice and pretty fair, though. As I said earlier, there are some courts in some counties in Michigan where you DO NOT want to appear without an attorney. Judges in these counties will not offer diversion and have even jailed some first offenders. Ingham County is not one of those.

Good luck.

(As a note, albeit a bit to late for you guys: NEVER drink on football Saturdays - the police are out in force on those days, looking for youthful alcohol offenders to ticket. They spend the entire day circling the campus. And, as another note, during your probationary period, you must be careful not to violate any laws - do not go to parties where there is alcohol present! The diversion program is ONLY offered for a FIRST offense. With a second offense, the penalties are far worse.)
 
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