Are You Eligible For a Dismissal Of Your MIP Case?
The only way you will know the answer to this question is to contact an attorney with a great deal of experience handling MIP cases. Attorney McNeil has fought hard for minors charged with alcohol offenses his entire career. For the past three years there has been a sharp increase in police raids, unauthorized PBT requests and detaining of minors charged with possessing alcohol.
Attorney McNeil will speak personally with you on the phone and analyze whether or not you might be eligible to seek an outright dismissal of your case or at the very minimum seek to be placed on the diversion program offered by Michigan statute.
***Update as of June 1, 2012***
You may have the right to a dismissal of your MIP case if you voluntarily presented yourself to the hospital or called 911. If you were accompanying someone who presented you may also be eligible for a dismissal.
Personally Speak With Attorney William McNeil Now…Call 1-866-387-2757
Do Not Plead Guilty
If you have been charged with Minor in Possession, DO NOT PLEAD GUILTY AT YOUR ARRAIGNMENT! I have personally witnessed hundreds of students pleading guilty at their first court appearance “to get it over with” and to “pay fines and cost and be done with it”. I have also been told that students would rather plead guilty then go through the hassle of probation and diversion programs.
The worst that can happen is that your case will be set for a pretrial conference with the prosecutor and you can talk about resolving your case favorably. You are NOT lying to the court if you plead not guilty and actually did possess or consume alcohol.
Minor in Possession is a Misdemeanor
WHETHER YOU LIKE IT OR NOT, A MINOR IN POSSESSION IS A MISDEMEANOR AND CAN AFFECT YOUR FUTURE! Many judges across the state are simply taking guilty pleas at the student’s first court appearance and NOT offering them a first time offender’s program or diversion program. A DIVERSION PROGRAM IS OFFERED BY STATUTE! Read the statute included on this site
Attorney McNeil Featured on WOTV News 8
In this video Attorney McNeil discusses the impact of a new diversion offered by Ottawa County District Court Judge Kenneth Post. Most students are eligible for the program but you must follow the exact steps laid out by the court to have any chance of success. You are NOT guaranteed the program and Judge Post regularly turns people away from the program. Don’t let this happen to you! Contact us immediately to discuss your case.
In this video Attorney McNeil talked to WOTV News 8 about college kids and fighting for a diversion progam at Grand Valley State.
Exercise Your Constitutional Rights
A Federal Court Judge has ruled that the police were violating the constitutional rights of students by forcing them to take Preliminary Breath Tests (PBTs). He restrained the Governor of the State of Michigan from enforcing this provision. Therefore, every student who has refused to take a PBT has simply exercised their constitutional rights.
New Case Update: The Michigan Court of Appeals in City of Troy v. Chowdhury has followed the Federal Courts in declaring that forcing students to submit to a PBT test is unconstitutional without either a warrant or consent. The court also ruled that this consent MUST be unequivocal, specific and voluntary.
Secure Your Future
I have secured a dismissal of a student’s MIP charge who thankfully refused to answer the questions of a coercive officer and denied any alcohol use. In addition, she refused to take a PBT and was placed in the back of a police vehicle where she was interrogated for half an hour. She was issued a civil infraction for Refusal to Take a PBT and was charged with MIP. The prosecuting attorney’s office dismissed her charges entirely after our office was retained and attended a pretrial conference. Her future is secure.
Plead Not Guilty at Your Arraignment
Even if you cannot afford to hire an attorney to represent your interests, you can contact student legal services. At the minimum, you should PLEAD NOT GUILTY AT YOUR ARRAIGNMENT AND SPEAK WITH A PROSECUTING ATTORNEY AT A PRETRIAL CONFERENCE. You should ask to be placed on a diversion program to keep your criminal record clean.
Do not take the easy way out! Many professions and jobs will do criminal record checks and it could even affect your student loans. Protect your rights and seek experienced counsel.
Police MUST Respect Your Constitutional Rights
Remember that police officers must respect your Constitutional Rights! You have the right to be secure from unreasonable searches and seizures. In order to stop you on the street and question you, the police must have “reasonable and articulable suspicion of wrongdoing”. Our office is currently fighting for the rights of several students who were stopped and questioned for having Pepsi bottles in their pockets. In addition, the police must respect your home and should not enter without a warrant.
Your Right to Remain Silent
If a police officer questions you regarding your use of alcohol, YOU HAVE NO OBLIGATION TO ANSWER THEIR QUESTIONS! It is not just TV when we tell you that you have the right to remain silent. If you choose to answer the questions of officers, anything you say can and CERTAINLY WILL be used against you in court. You should be polite, but decline to answer any questions without the presence of an attorney.
Be Polite…But Still Remain Silent
Some police officers will tell you that things will turn out better if “you are honest with them”. The police officers cannot force you to submit to a PBT without a search warrant and your comments could give them sufficient cause to obtain a warrant. Be polite, but KNOW YOUR RIGHTS!!
For more information or to schedule a FREE
Consultation please call 1-866-387-2757
Contact a Michigan Minor in Possession Attorney