<p>My S just got a Minor in Possession ticket issued by the University of Michigan Department of Public Safety. He is appropriately upset and promises it will never happen again (and it had better not). In the interim, what does this mean for him? Is it a civil or a criminal citation? Will it go on his permanent disciplinary record? Does he need a lawyer? Yes, I know he should face consequences--and he will. If anyone has been in this position, did you get a lawyer for your child, and how did you go about finding one? PMs with names or advice welcome. Thanks!</p>
<p>I don’t have specific answers to all your questions, but I know that several friends have had bad experiences with this issue. The kids get probation terms that they can’t keep up with because they leave for the summer, then they are violated on the probation, the fines add up and they are under a cloud for a long time. I heartily suggest that you get a lawyer for your son. I don’t know have a name to give you, but if you call the Washtenaw County Bar Association they may be able to give you a referral. Or the Law School may have a clinical program that can lead you in the right direction. It is definitely worth a little research.</p>
<p>Might the student legal services be of use? That’s included in our tuition but I forget what kinds of cases they take.</p>
<p>Usually what happens is he will have to pay the ticket, which is like $250, and then he will have to attend a class (usually held in the Union). It is usually expunged, however, if he were ever to go for a Top Secret or Secret clearance it will still show up (he has to report it anyway). When applying to a private company they should not see this if they were to do a background check.</p>
<p>It’s not the end of the world, I know plenty of people with MIPs (and actually it seems like you’re expected to get one in college). He could definitely use this to his advantage (“what I learned and how I’ve changed” kinda thing during interviews if he were ever to be questioned about it).</p>
<p>Yea whoa whoa whoa, just go to student legal services in the union. Free lawyers who deal with this all the time. Fine, court fees, 3 hour MIP class -> expunged. Not a huge deal. Yea, he might have to report it to certain employers, but it’s such a minor offense that he will easily be able to attribute to young foolishness. Besides, what employer would actually hold it against a kid for drinking in college? Moral of the story, kinda sucks in the short term, but it’s not so bad.</p>
<p>yeah, as has been said, the first one’s not really a big deal. Don’t let it happen again, though, because the penalties for repeat offenders start to get much more serious.</p>
<p>don’t waste your money on a lawyer for such a small offense unless it is a family friend working on the cheap. It is doesn’t make sense to past 2k dollars to fight a misdemeanor. The first time it will be a few hundred bucks for the fine and court costs, maybe a court appointed lawyer fee, and a drug class/diversion program. You will also get put on probation. This is the part that gets so many people I know. When they have random drug testing, don’t do drugs! Make sure your kid understands that fact. It will probably be only like 6 months of probo(only have to serve 1/2 term). This is nothing. However, if you fail drug tests, it WILL lead to new charges and more court dates. Eventually they will toss you in jail, but this is for repeat offenders who have violated probation more than once</p>
<p>Right, no big deal… you are foolish to think that it is no big deal to have a record, be on probation, risk having your probation violated for a small mistake, etc. etc. Spending the money for a lawyer who might be able to make all those things avoidable, or at the least helps you navigate the pitfalls is worth it, assuming you have the money to pay. Justice is often more “just” for those who invest in good representation.</p>
<p>Fredmar, do you even have any idea what you’re talking about? Probation terms are usually “don’t let us catch you drinking during this 6 month period”. Everyone drinks underage and the judicial system knows that, some kids just happen to get caught. If he was caught with his pants down in public, or a DWI or DUI, then it’d be a different story.</p>
<p>If the OP feels that your three years as an undergrad better inform your judgment than my 30 years as a lawyer, then by all means she should listen to you.</p>
<p>MIP is a misdemeaner, and in some states it will remain on your record permanently. That means he may have to report it when he applies to grad school and for employment. Lucky for your son that while Michigan has one of the toughest law on MIP (zero tolerance), it also provides a break for first-time offender to have the case discharged and dismissed after probation (<a href=“http://www.michigan.gov/documents/MIP_Law_Talking_Points_September_2004_110123_7.pdf[/url]”>www.michigan.gov/documents/MIP_Law_Talking_Points_September_2004_110123_7.pdf</a>). </p>
<p>Take it seriously. Educate yourself on the subject (there are plenty of free info on the web). Please note that dismissal after probation is not automatic. Your son should consult with student legal services for advice on how to proceed.</p>
<p>“If the OP feels that your three years as an undergrad better inform your judgment than my 30 years as a lawyer, then by all means she should listen to you.”</p>
<p>As my grandfather would say, never trust a lawyer. They leech off everyone.</p>
<p>But in all seriousness, talk to student legal services, dont plead guilty. You should have declined PBT. It’s your constitutional right. The worst you could get in that scenario is a civil infraction for declining a PBT.</p>
<p>I just want to thank everyone for the great advice. I had my son contact University Legal Services (which is covered by a student fee) but, I also placed a call to the Washtenaw County Bar Association. For $30 they gave me a referral to a local lawyer for a consultation lasting up to 30 minutes. The attorney called me back that evening and was very nice. She reassured me that for a first offense, the diversion program (described above by Joshrk22 and others) will consist of attending the hearing, paying a fine, attending the alcohol education class and staying out of trouble for the next 6 months. There is then no misdemeanor record (although I would imagine the poster who noted it might have to be reported for a top secret clearance is correct). She said the University Legal Services handles hundreds of these every year, and that there is no need for a private attorney for a first offense. The $350 total cost will come from his summer earnings, and he has learned a valuable lesson. I’m glad they have this program in place, and I hope that neither you or your students have to experience it. We’ve already talked about this lesson with his younger sibs!</p>
<p>I have a question about this because I am right now going through this. I made a stupid mistake. I just would like to know if your car insurance went up for his MIP? I was not driving and I was not in my car but I am worried about my insurance going up as a result of the MIP. Please let me know as soon as possible. Thanks I really appreciate it</p>
<p>If you weren’t busted while driving than it won’t effect your car insurance.</p>