Michigan Criminal Defense Attorney, Josh Jones - Outlining Minor-In-Possession of Alcohol [MIP]

Minor-In-Possession of Alcohol -- It Happens A Lot 

The State of Michigan takes a strong stance on alcohol and drug related criminal offenses. This is shown by the zero-tolerance law followed when it comes to underage drinking, coined Minor in Possession (MIP).

If convicted of an MIP an individual can face a maximum $100 fine for his or her first offense, which may include rehabilitative treatment or prevention program, performing community service, and possible drug an/or alcohol screening, which would all be payable by the convicted defendant.

The one thing to remember is that underage drinkers have options when or if convicted of an MIP. In most instances, the minor will be granted into a diversion program. This means that the minor will be on probation for a specified time (usually around six-months) and upon successful completion of his or her probationary period the minor will have the case automatically dismissed by the prosecutor. Moreover, successful completion of probation will include completing all the terms of probation (ordered by the court or the designated probation officer) and paying all fines and costs issued by the court.

Facing any criminal charge (whether it is a felony or misdemeanor) can feel devastating. However, it does have to feel that way. With the right lawyer standing by you and walking with you through the court process you all your worries will be subsided. Call the Law Office of Josh Jones today for your free consultation. We focus on solutions, not problems.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

Holmes Youthful Trainee Act (aka HYTA) - Explaining The Law - Michigan Criminal Defense Lawyer - Josh Jones

What is HYTA?

Holmes Youthful Trainee Act, HYTA, is a deferral statue that has specific age restrictions, yet is not allowed for a number of offenses, including all offenses for which the penalty is life, all traffic offenses, and most criminal sexual conduct offenses. To receive consideration under HYTA, a defendant must have committed the crime charged between the ages of 17 and 21.

If, you are 21 years of age at the time the crime was committed you will not be eligible to apply for HYTA; therefore, you must be 17, 18, 19, or 20 years old at the time of the commission of the crime. However, if you are 23 years of age at the time you are brought to court you may be eligible to apply for HYTA consideration, if at the time the crime was committed you were 17 years, and under 21 years.

Moreover, HYTA does not prevent a Judge from sending you to jail.

WHAT IS THE BENEFIT OF ENTERING A PLEA AND RECEIVING HYTA?

Answer: Once you enter a plea of guilty under HYTA, there will be no public record of the conviction. The court will maintain a record, yet the general public will not have access to the information.

Important Note: If you do not satisfy the terms and conditions of probation you could be violated, at which time your HYTA status could be revoked. If revoked the conviction(s) will be entered onto your criminal history.

Minor Amnesty Law - MIP Protections - Michigan Criminal Lawyer - Josh Jones - ALL FELONIES & MISDEMEANORS

Minor Amnesty Law – Protections For Some Minors Who Come Forward

Last year, in June 2012, the State of Michigan modified the Michigan Liquor Control Code (aka MLCC) to include a new exemption for certain individuals suffering from alcohol poisoning. This exemption applies to a minor who purchases, consumes or possesses alcohol. See MCL § 436.1703(10). The individual minor must:

- Voluntarily present himself or herself to a health facility or agency for treatment or observation, including examination and treatment for any condition arising from criminal sexual conduct committed against the minor; 

- Accompanies an individual who has consumed alcohol and who presents himself or herself to a health care facility for treatment or observation; or

- Initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.

Yes, you have read the correct passages correctly and they are cited correctly. The new Minor Amnesty law now protects minors from fear of being criminally prosecuted for MIP related issues if the minor is seeking medical or emergency assistance because of alcohol use, and, inevitably charged with possession, use or purchasing alcohol.

This legislation, even though it does not recuse MIPs outright; it does provide individual minors who become ill, medically complicated, or make contact for assistance for those individuals ill or medically complicated will be protected.

The purpose of the Amendment seems to be clear. It provides individuals with protections, meaning less people will be put in dangerous situations when alcohol has severely affected them. People want minors to feel safe about coming forward when something serious has happened, and things like alcohol poisoning is a serious matter. Know the law, know your rights, and always lawyer-up. Contact the Law Office of Josh Jones today for your free consultation. 

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD 

Minor in Possession (MIP) Breakdown - Underage Drinking - Michigan Criminal Defense Lawyer, Josh Jones

Minor in Possession - What is it and how can it effect you?

The State of Michigan has zero-tolerance for underage drinking, which means that individuals under the age of 21 are not allowed to consume alcohol. In fact, a minor is not allowed to purchase, consume, nor possess alcohol. The punishment for an MIP attaches a criminal misdemeanor to the convicted defendant’s record, which includes a payment of fines, costs, community service, and possible jail time for subsequent or multiple convictions of MIPs. The fines begin at a maximum of $100.00 and increases the more an individual has been convicted an MIP (or rather has subsequent MIP convictions). See MCL 436.1703. 

Michigan, by statute, also attaches some diversion opportunities for first time offenders. If the individual has not been convicted of an MIP then he or she will be allowed, if he or she pleads guilty to an MIP, to have the MIP automatically expunged from his or her record upon completion of a probationary period. This means that upon completion of the probationary period (which includes terms and conditions the individual must complete and follow for a specified time period) the defendant will have the case dismissed and he or she will be discharged from probation.

This statute is an opportunity for individuals to have a second chance. It is known that individuals under a certain age, even when older than 18, are still considered adolescents, and the reason society provides them this chance. Some of the biggest issues in life can be handled by a simple phone call and conversation about the outcome of a decision.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.