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I got my second MIC in Tempe 2 days ago. I've had the first MIC expunged before I turned 18. What penalties am I looking at?

Tempe, AZ |

I got my first MIC when I was 17, but did community service and took some classes and got it expunged off my record. I am now 20 years old and I received my second MIC 2 days ago in Tempe. Do I face any fines or even more community service than last time or do they treat this as my first offense?

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Attorney answers 1


It may be that you did a diversion or deferred prosecution for your first offense? That would mean that you were charged but the State dismissed the charges after you completed the community service and classes. Then, all that would appear on your record, and juvenile record at that, is the fact that you were charged, but it would indicate that you were never convicted.

So the State now cannot say that you have a prior conviction (unless you have other priors). They can say that you received the benefit of a deferred/diversion in the past but that's about it. You are probably going to be treated as though this is your first MIC. You are not guaranteed community service or a deferred/diversion on any criminal case. They could try to convict you. I recommend getting the police reports and doing a free consultation with a criminal defense attorney as soon as possible.

Ryan Stevens

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