Should I get a lawyer for my child who got a MIP?

Asked 10 months ago - Royal Oak, MI

We live in the metro Detroit area (Oakland County). She will be 15 in 3 weeks. She was at a school function and will be suspended.

Attorney answers (7)

  1. Jared Clayton Austin

    Contributor Level 18

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    Answered . Absolutely! If nothing else, it will give you peace of mind that your son's case is being handled by an experience professional who will navigate you through the process and minimize the damage. Your son will probably be able to have it deferred so that it won't appear on his public record and may not effective educational opportunities in the future. Seek out an attorney in your area with experience handling MIPs.

  2. Ezra N. Goldman

    Contributor Level 16

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    Answered . I apologize for the lawyer who didn't read your question closely enough to realize that this is about your daughter. I am going to rephrase your question to include the following: "I can't afford a lawyer for my daughter and I would have to beg/borrow/steal in order to pay a retainer, which I only want to do if it is absolutely necessary." In such a case, you can probably go with your daughter to the pretrial and see what offer they make. They may just offer her a stay-out-of-trouble-and-this-won't--go-on-your-record type deal. If they don't offer that, you can ask the judge to adjourn the pretrial and do what you need to do to get a lawyer. If your case is in the Rochester Court, forget what I said -- they are very tough there and you need a lawyer badly.

  3. Cindy Mannon

    Contributor Level 3

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    Lawyers agree

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    Answered . Most courts have diversion programs for a first MIP. Your daughter would be "on probation" for about 6 months to a year, depending on the Court. She would be subject to random drug tests, and probably have to have alcohol education classes. It is worth it, as even one MIP can effect her in the future. She can't go to jail for her first MIP; however, drinking at her age, while not unheard of, can escalate to more crimes, drinking and driving, having liquor in a car, even if it is not her liquor, she can be charged.

    If you can't afford an attorney, try for a court appointed attorney. They usually do them on a contract level. You don't get special attention, but they usually know the ins and outs of the system, and how the Judge will react.

  4. Gary Francis Kennedy II

    Contributor Level 11

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    Answered . YES!!! The MIP statute has been found unconstitutional in certain situations and this law is still on the books. Call an attorney today to discuss your options.

    Kennedy Law Office, PLLC
    586-580-1942
    Free Phone Consultations

    Disclaimer: No attorney-client relationship has been established. Please contact an attorney about your legal... more
  5. David B. Carter Jr.

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . It is always good to be represented.

  6. Kathryn Mary Holton

    Contributor Level 18

    2

    Lawyers agree

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    Answered . YES!

    Providing general answers are meant to help the poster to understand some complex legal concepts and in no way... more
  7. Kevin H. Pate

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes. Your child needs a concerned parent 24/7, but your child needs representation by experienced counsel in this particular matter.

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