When can minors possess alcohol in Michigan? While minors are generally prohibited from the possession of alcohol, there are a few occasions where it is legal. First, in the course of employment with an employer that is operating pursuant to a properly obtained and maintained liquor license, a minor over the age of 18 may handle alcohol. Secondly, a minor may consume alcohol during post-secondary coursework provided it takes place in an educational institution and with the supervision of faculty. Third, a minor may consume alcohol through practice of generally recognized religious service or ceremony provided their blood alcohol content is not higher than .02. Finally, a minor may be in the possession of alcohol if they are assisting law enforcement in a “sting” operation to ensure compliance with state and federal law. If you have received an MIP but fall under one of these categories an experienced attorney can help secure the best result in your case.
Michigan Minor in Possession MIP Sentencing Options, Your sentencing options with an MIP depend a lot on whether this is your first, second, or third offense. If you are between the ages of 17 and 21, then you are eligible for the Holmes Youthful Trainee Act. This means you are usually granted a term of probation, after successful completion of which your charge would be dismissed leaving your record clear. That is precisely why it is so important to hire a lawyer to represent you. The Michigan Court of Appeals has held that you are eligible for more than one HYTA sentence; however such sentencing is discretionary to the Judge. The Judge is less likely to sentence you pursuant to HYTA if you have more than one criminal conviction or have violated probation in the past. Alternatively, you may enter a plea deal with the prosecutor for a lower charge in some cases.
To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
No, but in many cases the police will inform them for you. If you are under 18 your parents will be given “actual notice” of the violation within 24 hours. If you are less than 17 years old and have been incarcerated they will be notified immediately. While telling your parents may seem like the worst thing in the world right now, it actually can be best to enlist them in your defense to this charge. Judges generally find it very favorable for parents and family members to appear with you at court hearings. The presence of parents demonstrates that you have a community to support you and help you make better decisions in the future. In the long run, the most important part of this is getting a favorable sentence from the Judge so you can move on with your life without this hanging over your head as a criminal record when you apply for future employment. Your parents are your allies in this attempt, and as such they should be included in your decision making where appropriate. However, if you are over the age of 18 there is a possibility you may be able to withhold this information from your family if you so desire, although it is not recommended that you do so if it may serve a detriment to your ability to put together a legal defense.
I received a MIP do I have to Tell My Parents Michigan: To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
Michigan Police have been issuing Minor in Possession’s without performing a PBT test in party type situations, or at public concerts among others. While this is not the standard, this is still a valid means of citing you. The breathalyzer is merely a piece of evidence in the case, you can still be convicted without it. It is important to hire an attorney who can look for other ways to challenge the validity of the charge. Additionally, our attorneys can still meet with prosecutors and city attorneys who have been assigned to your case and negotiate a deal to reduce, modify, or dismiss the charges. If you have been cited for an MIP with or without a breathalyzer contact Garmo & Kiste, PLC today to avoid heavy fines, long terms of probation, and a criminal record.