Legal Question in Criminal Law in Michigan

Re: Minor in possession what are the options

Pleading "guilty" or pleading "no contest" result in the same thing: a conviction. He faces the same possible penalties, regardless of whether he is convicted via a trial verdict or a plea.

Many defendants want to plead no-contest simply because they "don't want to have to say that they did it in open court". That is not a valid reason under our court rules to plea no-contest (or, "nolo contendere")

No contest pleas are rare, because the court rules only let a defendant plead that way if he (a) cannot provide a proper factual basis for his plea, or (b) could suffer civil liability from his admissions during a guilty plea.

In a guilty plea, your son would have to tell the judge what he did that makes him guilty (here, presumably, that he was under 21 years old and knowingly consumed or possessed an alcoholic beverage). If he couldn't remember the incident because he was too drunk at the time to remember what happened, then he wouldn't be able to provide a proper factual basis for his plea, and a no contest plea might be appropriate. Or, if someone was injured because of his possession or consumption of alcohol, and he might get sued, then he might face civil liabilty for the incident and a no contest plea might be appropriate. (Here, the words coming out of his mouth in court regarding the incident could be used against him in a civil case, so a no contest plea gives the court another way of proving his guilt besides his own admissions.)

If the judge allows him to proceed with a no contest plea, the prosecutor would essentially have to join in, too, because he would then have the responsibility to provide alternative evidence of your son's guilt. This generally involves a portion or the entire police report (including any breath test result) being admitted into evidence, the judge reviewing it, and the judge articulating on the record what facts he adopts as the factual basis for the plea. To this extent, the defendant is "not contesting" the allegations in the ticket/complaint, and further "not contesting" the facts in the police report (as he might if the case went to trial).

Before deciding to plead guilty or no-contest, it wouldn't hurt to talk to an attorney who handles these kinds of cases. Many give free initial consultations. Before a meeting, bring the police report, breath test result and your son's driving record (because his alcohol conviction could affect his right to drive).