Minor in Possession - Second Offense
Is this your second MIP conviction? You will definitely need an attorney as you could be subjected to jail time if you violate probation. Therefore, it is often times worth fighting the charge to avoid the possibility of future incarceration.
How This Affects Your Future
Any time you have multiple alcohol convictions, employers, schools, graduate schools and other start to see a disturbing pattern of behavior. Therefore it is critical to have a thorough substance abuse evaluation completed for use in court as well as with the prosecuting attorney.
There is a recent update for second offenders. The legislature has passed a new expungement law that allows for TWO minor misdemeanors to be taken off your record after five years. MIP convictions meet this criteria but should hire an attorney for this process.
With a second offense MIP, the minor is in a unique position of sometimes having more leverage on the prosecutor than with a first offense MIP. This may seem strange, but with a first offense MIP the cases rarely go to trial. This is because the language of the MIP statute reads that you must plead GUILTY in order to be considered for the diversion program. If you go to trial and lose on a first offense, you are not eligible.
However, on a second offense there is many times nothing to lose by going to trial and it can sometimes result in cases being dismissed. This is especially true if the person denied drinking or refused to take the PBT
Call 1-866-387-2757 for a Free Consultation on your Second Offense MIP
Another reason to consider hiring counsel to fight a second MIP charge is that the courts can place the minor on probation and order JAIL TIME for violations. The courts in Oakland County and others regularly jail second offenders for violations.
On a second offense MIP, I commonly see students who have already used their diversion program or they are violating their current probations by picking up a second offense MIP. All is not lost. There are some opportunities in certain courts to keep BOTH of your record.
I have been very successful in using alternative programs like the Holmes Youthful Trainee Act (HYTA) to convince the courts to give the student an opportunity to have a clean record.
I will usually require daily PBT testing as well as a Substance Abuse Assessment from my clients to show the courts that they are serious about the mistake they have made and understand that they will not get another shot at a clean record
Another trend I have been seeing is judges who do not fully understand that if a minor has successfully completed a diversion program, had their case dismissed and then picked up another charge AFTER that, it is a First Offense MIP only.
This is significant in that one client was wrongfully placed on an intense probation and subjected to a possible 30 days in jail because she did not have a lawyer with her at her plea and sentencing. We filed motions to withdraw her plea and successfully removed the jail time from her probation and made sure it was sentenced as a first offense.