what kind of lawyer to get for an mip

by Lia Stark Published 2 years ago Updated 1 year ago 6 min read

criminal defense attorney

Do you have to be drunk to violate a MIP law?

Most of the time, a judge or prosecuting attorney won’t bring up the possibility of a MIP diversion program at arraignment. Instead, you’ll need the experience of a criminal defense attorney to fight aggressively for your rights. First-Time Offenders. The law provides many “breaks” for first-time or youthful offenders.

What are the defenses to MIP charges?

Oct 25, 2010 · Any time you are charged with a crime you should at least talk to a lawyer. MIP is a crime, it carries the potential serious penalties and a criminal record. At this point you have many options available to you, it would not be to your advantage to choose one of them without knowing about all of them. Talk to a lawyer, discuss the specifics of ...

Can a 19 year old contest a MIP charge in Michigan?

Nov 13, 2013 · Do i need an attorney for my MIP and MIC tickets? Lawyer directory. Find a lawyer near you. Avvo has 97% of all lawyers in the US. Find the best ones near you. ... Start with your legal issue to find the right lawyer for you. Choose an area of law that your issue relates to: Bankruptcy and debt; Business; Car accident; Civil rights;

Can a minor get probation in a MIP case?

With expert attorney Andrea Storey Rogers on your side, it is possible to get your MIP ticket dismissed or reduced to a lesser offense. (314) 724-5059 …

How severe is a MIP?

Of course, sometimes the consequences for MIP charges are more severe, especially if this is your teen's second or third offense. These more severe consequences can include: Time in jail or a juvenile detention facility. Long-term license suspension.Jan 14, 2015

How do I get out of my MIP in Texas?

If you are guilty of M.I.P., you may enter a plea of no contest or guilty and ask the court clerk for an uncontested hearing with the judge on the issue of punishment. At the hearing, introduce yourself to the judge and explain that you desire to avoid an M.I.P. conviction on your record.

How long does an MIP stay on your record in Georgia?

permanently

However, a person guilty of violating section (4) will be convicted of a misdemeanor of a high and aggravated nature. A second conviction of MIP will be a misdemeanor of a high and aggravated nature. A conviction for MIP in Georgia can remain on your criminal record permanently.

What is the penalty for MIP in Michigan?

A new law that was passed in 2016 made a first offense MIP a civil infraction. Additionally, the maximum punishment for a first offense civil infraction Minor in Possession in Michigan is now a $100 fine and potentially community service and substance abuse classes.Sep 14, 2021

What happens if you get a MIP in Texas?

An MIP charge is a Class C misdemeanor in Texas. It is therefore punishable by a fine of up to $500. If the minor is a repeat offender, the fine may be increased up to $2,000, and the defendant may be sentenced to up to 180 days in jail.

How much are MIP tickets in Texas?

$500

Penalties for MIP in Texas

According to Texas Alcoholic Beverage Code § 106.071, possession of alcohol by a minor is a Class C Misdemeanor in Texas and is punishable by a fine of up to $500.Sep 15, 2017

Can a parent give their child alcohol in Georgia?

Georgia has a zero tolerance underage drinking law that strongly prohibits furnishing alcohol to a person under the age of 21. If you let your child and his friends drink at your house, you could be facing a $1,000 fine and up to 12 months in prison. Providing minors with alcohol is illegal and dangerous.

Can minors drink with parents in Georgia?

Georgia alcohol laws permit some drinking under the age of 21. They may do so for religious purposes. Or when prescribed by a physician. The state also permits them to have alcohol in the home of a parent or guardian in their presence.

Can you drink at 18 in Georgia?

Everyone knows the legal drinking age is 21, but Georgia is one of 45 states that has an exception to allow for underage consumption in some circumstances. The law states children can drink for medical purposes, with a prescription.Jul 15, 2016

How do I fight an MIP in Michigan?

Fighting a MIP Minor in Possession Charge

If you are being charged with a MIP Minor in Possession Charge, the first and most important thing to do is to contact a criminal defense attorney experienced in both juvenile law and alcohol-related charges.

Does an MIP stay on your record in Michigan?

In Michigan, it is illegal for a person under 21 years of age to possess or consume alcohol, except under limited circumstances. If you have been arrested for a minor in possession (MIP) charge, it may be possible to get it off your record, depending on your age and prior record.

What happens when you get a second MIP in Michigan?

Under the new law, a second MIP offense would be a misdemeanor punishable by up to 30 days in jail and a $200 fine, and a third offense would result in a sentence of up to 60 days in jail and a $500 fine. A third offense could also result in a revocation of the minor's driver's license.Apr 14, 2017

Fletcher L Findley

I agree with both of the answers above, it's always in your best interest to at least speak with an attorney. You should know that even for misdemeanor charges like MIP there are public defenders available. Since you are a student and likely have little income you may qualify for representation by a public defender.

James Michael McKain

Any time you are charged with a crime you should at least talk to a lawyer. MIP is a crime, it carries the potential serious penalties and a criminal record. At this point you have many options available to you, it would not be to your advantage to choose one of them without knowing about all of them.

Ryan Patrick Finnegan

An attorney can help negotiate a reduced penalty with the prosecutor, which seems likely to be available in your scenario. You always have the right to represent yourself (pro se), but you likely won't come to the same result.

Stephen A. Gustitis

Under section 106.12 the Texas Alcoholic Beverage Code "Any person convicted of not more than one violation of this code while a minor, on attaining the age of 21 years, may apply to the court in which he was convicted to have the conviction expunged." This means a person under 21 can receive one (and only one) conviction under the TABC code sections related to age and have it expunged.

Jared Seth Robinson

Per the Gov't Code, your best option is to plea no contest to one, get placed on deferred adjudication, and have the second dismissed. Once you complete the deferred, you can petition the JP court to expunge both cases. This is a quirky aspect of the law. If you were able to get both dismissed, then you would have to petition the District Court.

Gary Churak

In order for you to be able to expunged the cases you must be granted and complete a deferred adjudication probation. Once you have completed the deferred probation and your case is dismissed you will be able to file a Petition for Expunction.

What happens if you plead guilty to MIP?

Having an MIP conviction on your record can prevent you from getting a job and may negatively affect your chances of being accepted into the college of your choice.

How old do you have to be to get a MIP off your record?

MIP convictions are not automatically removed from your criminal record once you reach age 21. A petition for expungement must be filed with the court, and the judge must approve it, before your MIP conviction can be expunged (removed) from your criminal record.

What is a MIP in Missouri?

A first-time charge of Minor in Possession of Alcohol (MIP) or Underage Drinking is a class D misdemeanor in Missouri. Police officers can charge you with MIP if you are under age 21 and you do any of the following:

What is the maximum penalty for a minor in Missouri?

The maximum punishment for first-time Minor in Possession of Alcohol (Underage Drinking) in Missouri is a fine of $300 and no jail time. If you have prior MIP convictions on your criminal record, the maximum penalty is 1 year in jail and a fine of $1,000.

How long can you lose your license if you have a minor in possession of alcohol?

If you are a first-time offender convicted of Minor in Possession of Alcohol, your driver’s license can be suspended for 90 days. You can lose your driver’s license for 1 year if you have a prior MIP conviction on your record.

What is a minor in possession?

Many states have laws concerning alcohol and drugs found in the possession of minors, regardless of whether they were using the substances. These are often referred to as "minor in possession" or "MIP" laws. Some states strictly enforce MIP laws and prosecute minors to the fullest extent of the law. In other states, however, a minor in an MIP case ...

Can a 19 year old drink alcohol?

The Minor Legally Consumed Alcohol: Some states allow 19 and 20 year olds legally consume alcohol. In Michigan, for example, a 19 year old may contest a MIP charge by claiming they drank alcohol legally in Wisconsin or Canada where it is perfectly legal for them to drink alcohol.

What is the MIP Law in Texas?

It is an offense if a minor under the age of 21 is in possession of an alcoholic beverage. MIP is a class C misdemeanor. However, it is not an offense for a minor to possess alcohol in these circumstances:

Punishments for MIP

Minor in Possession is a class C misdemeanor that may be punished by a maximum $500 fine. If the minor has had two convictions, the fine may be up to $2000. The minor also can be confined to jail for up to six months.

Defense Strategies

Often times a divorce and family law expert with will work together with a criminal law expert on these kind of cases. It is not uncommon for other attorneys to refer these cases to us. A criminal defense attorney may be able to introduce reasonable doubt into an MIP charge case.

Contact a Defense Attorney Today

Having an MIP conviction on your criminal record is not a good way to start your adult life. The consequences are serious. To minimize the damage, contact an MIP defense attorney today. We offer a complimentary case review so we can determine if the charge can be successfully fought. Call (281) 853-8537.

What Do We Have MIP Laws?

A minor in possession (MIP) is a criminal charge dealing primarily with underage drinking. The legal age for drinking alcohol is 21 in all states, but some states have limited exceptions. However, most states have laws prohibiting those under age from even possessing alcoholic beverages.

Proving a MIP Charge

MIP laws are not uniform and vary greatly by jurisdiction, but convictions generally require two elements:

What Is Considered Possession of Alcohol?

Possession of alcohol falls under three categories. Simple possession, or actual physical possession, includes holding an opened or unopened alcohol beverage in your hand.

Internal Possession Laws

Recently, many states are enacting laws that prohibit the “internal possession” of alcohol by those under 21 years of age. Internal possession literally means that you have alcohol in your system, even if no one saw you do it.

What Are the Consequences of a Minor in Possession?

Penalties for a minor in possession conviction vary from jurisdiction to jurisdiction. The most common punishments involve fines, revocation of a driver’s license (where applicable), community service, diversion to a rehab program or alcohol education program, substance abuse counseling, and possible incarceration.

Possible Defenses to MIP Laws

In some states, there are exceptions to each state’s minor in possession law, and they vary by jurisdiction. Some examples of when minors can legally possess alcohol include:

What To Do if You Are Facing a MIP Charge

Keep in mind that even if you are under the age of 21, you do have legal rights. You don’t have to answer questions that might be incriminating, and you have the right to seek legal counsel. A lawyer will go over the details of your MIP case to determine if:

How to be polite in court?

Be polite to all court staff, from the security guards at the entrance to the court clerk and the judge. Silence your cell phone while you're in court, or leave it at home. You may want to check with the court before your arraignment to find out what items are not allowed in the courthouse.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

Can you drink alcohol underage?

If you are underage, you are not permitted to have any alcohol on your person in the United States. When a police officer catches you drinking or under the influence, they likely will write you a citation for "minor in possession.". Although typically it is a misdemeanor that doesn't result in any jail time, you still should take ...

Can you be arrested for a minor in possession?

In most cases you won't be arrested for a minor in possession offense. The police officer will write you a citation that will indicate when you are supposed to be in court for your arraignment. If you've ever gotten a traffic ticket before, this citation will look similar.

How to address a judge?

Address the judge either as "your honor," or as "sir" or "ma'am.". Do not interrupt the judge when he or she is speaking to you. Speak in a loud, clear voice so the judge can hear you – don't mumble or look down. Maintain good posture rather than slumping or hunching over.

Can you get financial aid if you have a conviction?

Despite the fact that you may only have to pay a fine, the charge will remain on your criminal record as a conviction, and can impact your ability to get financial aid for school or to get a job. After you enter your plea, the judge will instruct you on when you next need to appear in court.

How to fight a minor in possession charge?

1. Talk to your parents. As a minor, you probably need a parent to help you hire an attorney to represent you if you intend to fight your minor in possession charge . If you're in college, you may be tempted to handle it on your own and not tell your parents – but this may be a mistake.