MIP in Michigan First Offense

[Rita G]

What is the name of your state (only U.S. law)? Michigan
My 19 year old son along with 6 other kids received MIPs at a party. This was the first offense for all involved. They were all given the same court date at the same time. There has been discussion within this "group" of how they should plead. My and my husbands initial reaction was to plead guilty (he blew a .08) thinking how else could you plead? Well one of the kids has apparently consulted a lawyer through MSU and is being told he should plead not guilty. I understand they can request "deferment" but a lot depends on the judge? They are appearing in Clinton County Court. We and he would just like this to be resolved as simply as possible, do his probation, pay his fines and put this behind him. Plead guilty or not guilty and what do you know about how Clinton county handles these things? Thanks.What is the name of your state (only U.S. law)?

 

[quincy]

Rita, I saw that you were reading the thread started by cr420. The advice offered cr420 on how to handle his MIP would apply to your son, as well.

Although an attorney is not always necessary for an MIP, as most Michigan judges in most Michigan courts routinely offer the diversion program to first offenders, I recommend your son has an attorney with him in court. If an attorney cannot be consulted and hired prior to your son's first court appearance, your son should plead NOT GUILTY and have an attorney with him for the next scheduled court appearance.

Many attorneys in the Lansing area offer "discount rates" for students charged with MIPs or will offer payment plans to meet a student's lower income.

Your son definitely wants to avoid having a misdemeanor conviction. A misdemeanor will really screw with his future. He will certainly not want to plead guilty to this misdemeanor until he has asked for and been granted diversion in exchange for the guilty plea.

Your son should NOT go to court with his friends, by the way. Nineteen year old guys hanging out together can sometimes act immature and the judge will not look kindly on any immaturity shown in court. If your son cannot go to his first court appearance with an attorney, perhaps he can attend court with you or your husband. He should dress nicely and be well-behaved. No cell phones or other electronic gadgets should be taken to court. He should address the judge as Your Honor.

Although MIPs are often laughed off by kids, they are serious charges. You can refer to cr420's thread to see how a misdemeanor can affect your son's future. So, again, I really recommend your son have an attorney handle this MIP for him. A first trip to court can be intimidating, even to someone much older than your son.

Good luck.