Legal Question in Criminal Law in Michigan

First Minor in Possession

I recently received an MIP in Bloomfield Township. I was at a

party, and the police showed up in response to a call regarding possible underage drinking. I am 19 with a clean criminal record.

What are the possible consequences of this ticket? what is the best way to deal with this?

(other than pleading guilty and being put through the system)

Also, I currently go to school out of state (in ohio) will this be an issue?

I was also planning on studying abroad in London next fall--is this still a possibility for me?


Asked on 12/17/07, 6:12 pm

3 Answers from Attorneys

Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: First Minor in Possession

You need to call us so we can help. We might be able to keep this off your record so it doesn't effect your future. Also, we can help with respect to you leaving the state. Call anytime for a free consultation. Eric I. Kutinsky, Esq. The Michigan Legal Team, P.C.

toll free(8 7 7) M i c h T e a m

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Answered on 12/17/07, 7:23 pm
William Morrison Action Defense Center

Re: First Minor in Possession

Ease up there! Your life isn't ruined.

You'll be able to complete all your plans without having a record.

A lawyer can walk you through all the court proceedings without much difficulty. If you can't afford one, the court will appoint an attorney for you.

William Morrison

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Answered on 12/17/07, 9:54 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: First Minor in Possession

The Michigan MIP statute (MCL 436.1703) allows a court to put a first-time offender on probation with the possibility of the court being able to dismiss the charge at the end of a successful probation period. It's not mandatory, it's discretionary, so there's no guarantee that your court/judge will do it.

To read this statute, go to www.michiganlegislature.org ... and then in the "MCL Section" box, search for 436.1703. Subsection (3) refers to what I mentioned.

If that doesn't work, you can apply for HYTA status. (Go to www.eatoncounty.org/prosecutor/define.htm and scroll down to the "H"s.)

If neither work, it's not the end of the world. An MIP is a misdemeanor conviction ,and it does go on your driver's record, but it does not result in a license sanction (e.g., suspension). THAT happens with MIP #2.

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Answered on 12/18/07, 8:40 am


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