Minor in Possession (MIP)


Mistakes happen. Do not let a youthful indiscretion become a permanent mark on a young person’s criminal history and future. There are a number of different ways to avoid having an MIP become a permanent mark on a minor’s record. If you or someone you know has been charged with an MIP, do not plead guilty to an MIP without first consulting with an attorney who is knowledgeable and experienced in dealing with MIP charges in West Michigan. The attorneys at SPRINGSTEAD & BARTISH LAW, P.L.L.C., handle criminal cases almost exclusively and have years of experiencing helping their clients prevent a youthful indiscretion from becoming a permanent mark on their record. Call today for a free consultation MIP (M.C.L. §§ 436.1703) (1st offense: no jail/$fine of $100/substance abuse evaluation, prevention or counseling; community service) (2d offense: up to 30 days in jail in certain circumstances; a fine of $100; substance abuse evaluation, prevention or counseling; community service) (3d offense: up to 60 days in jail in certain circumstances; $500 fine; substance abuse evaluation, prevention or counseling; community service. In Michigan, as in most, states, it is against the law for a minor (a person under 21 years of age) to purchase, possess, or consume alcohol. See M.C.L. §§ 436.1703 (Michigan’s Liquor Control Code). There is no shortage of ways to get an MIP. We have seen them as a result of the police stopping a party, a car, minors just walking around, or minors trying to buy alcohol. STATUTORY DEFERRALS Michigan law also provides a “break” for first-time MIP offenders, which allows, but does not require, the Court to defer the entry of a conviction for the offense and, if that person successfully completes probation, dismiss the case entirely so the minor does not have a conviction on their record. Because courts are not required to use this MIP deferral, not all of them do. You should consult with an attorney who knows whether the court will accept an MIP deferral and what will be required of the accused to “earn” it or to persuade the court to accept an MIP deferral. If the court refuses to accept a deferral, other options remain. There are other legal means of deferring a conviction and having a case dismissed, including but not limited to a sentencing under the Holmes Youthful Trainee Act (HYTA), which does not have such rigid requirements, other statutorily deferred sentences, or challenging the legal basis for the police/citizen encounter, the legality of any search and seizure, or even the constitutionality of a local ordinance. The attorneys at SPRINGSTEAD & BARTISH LAW, P.L.L.C., have years of experience handling MIP’s and work hard for our clients so that a youthful indiscretion does not turn into a permanent mark on their record, affecting their future plans for school, a career or otherwise. Call today for a free consultation. STUDENT DISCOUNT SPRINGSTEAD & BARTISH LAW, P.L.L.C., is pleased to announce a new student discount for 2012. Beginning in 2012, if you present a valid student ID., when you hire us, we will give you a 15% discount off of our fees We hope this helps all those students out there who may have to deal with an MIP, especially those local students in the Grand Rapids area at: Aquinas College; Calvin College; Cornerstone University; Davenport University; Grand Rapids Community College (GRCC); Grand Valley State University (GVSU); Kendall School of Art & Design; Kuyper College; or those in the surrounding area at: Baker College; Ferris State University (FSU); Hope College; Kalamazoo College; Kalamazoo Valley Community College; Muskegon Community College (MCC); West Shore Community College; and Western Michigan University. Our apologies if we have omitted your school. Just shoot us a note and we will fix it.
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