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| don't you need possession for possession? |
| Juvenile Law |
Don't you need to be in possession of alcohol to be charged with MIP? I got a 25662. I didn't admit to drinking, cop said he could smell it on my breath. There were 4 of us, we were kinda making fun of it all. Then cop says he saw me throwing a bottle away and gave me mip. He only said this after he got annoyed with us being smart. I don't think he saw ****. Maybe he heard something.
I didn't see him go digging around for any bottles. Wouldn't he want some evidence? Or to see if it was alcohol at all? Can you get a 25662 for drinking underage?
Did he mess up? He looked like he was 12. I think he was a rookie. Can he change anything later?
And I'm 17.
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| attorney cost for mip in michigan |
| Juvenile Law |
| What is the name of your state (only U.S. law)? MI, what can we expect to pay for an attorney for our child who received MIP at Mich. State University? The child was visiting he campus, does not go there.
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| Fraudulent checks |
| Other Crimes – Federal and State |
| I just wanted to know what is the statute of limitations and / or laws regarding the penaties for writing fraudulent checks in Michigan.
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| Process related questions- Misdemeanor/Drug offense |
| Arrests, Searches, Warrants & Procedure |
Hi. I am writing this for a few reasons. This is an incident that happened to me about 3 years ago. After taking a few con-law classes in college, I am wondering whether anything shady happened in my case. I am first wondering whether or not any of this would have warranted an easy overturn on appeal. Secondly, I was wondering if there is anything I can do now, if my rights were truly infringed upon. I'll explain what happened, and comment on the parts where I feel like something was fishy.
It started in my senior year of high school (2006). I was 17 years old at the time. I had no priors at all. I was driving down the street with a friend in my vehicle. There was a man riding his bike in the street, and I was frustrated at having to go 5mph. I was finally able to pass him, and I roll down the window and yell "please use the sidewalk". He responds with a variety of obscenities. Angered by his response, being a ****y little high schooler and wanting to have some fun with my friend, I proceeded to throw an empty plastic cup out the drivers side window, over my vehicle, and towards the man. The cup missed by a considerable amount. I left the scene.
I was contacted soon after by the local police department, who described the incident and said the man had gotten my plates and reported me. The officer, who was the liason for my school, asked me to come in with a parent to be questioned.
I came in, and at first I attempted to deny I had thrown the cup. The officer proceeded to explain that the man I had thrown the cup at also claimed that as I pulled up to him, I had hit him in the back of his head with the mirror of my vehicle (an SUV), and that if I did not admit to throwing the cup, he would charge me with vehicular assault. I know for a fact I didn't hit him, and my friend could also attest to that.
Should I have ever been warned about my rights here? Never was I warned about my right to silence, to an attorney, etc. And was there anything illegitimate about the questioning process? I believe it is safe to assume the claim that I had hit him with my mirror was false- I know I did not, it surely would have knocked him off (this was a huge mirror), and if he had indeed accused me of that, surely the officer would attempt to charge me with that as well. I feel like my confession was coerced by a lie. Did I just fall for a legitimate trick, or was this not legitimate? I don't know when miranda rights are enforced, but they were never read to me. But then again, I was never "arrested".
I received a citation for "throwing an object/missile from a moving vehicle"- a misdemeanor. I went to court on the date it specified. I met with someone from the court before the hearing who told me I would most likely receive one year of non-reporting probation.
I walk into the court room, get called up. The first words out of the judges mouth was "you are going to take a drug test today, are you going to pass or fail?" At the time I would occasionally smoke marijuana, but no prior incidents or anything involved with the case would indicate to the judge that I would likely fail a drug test. I responded by saying that I had quit smoking marijuana a month earlier after my mom caught me, something she confirmed. I explained that I believed I would pass but I couldn't be sure. Talk regarding the cup was limited to a few sentences where I admitted to throwing it. I would later find out that this judge is known for being an extremely harsh anti-drug crusader of sorts.
Should I have been advised of my right to counsel at this point, or offered counsel (my family doesn't have much money)? And does she really have a right to drug test anyone she wants?
After 5 days, I completed the drug test. I went each day but failed to complete it due to the difficulties one may have when trying to urinate with a man standing right behind you, watching directly and with a complete view provided by mirrors on all the walls. Kinda awkward. I passed the test.
I came to the court for my sentencing. Before being called forward, a man who was some sort of assistant to the judge (not sure of his official role with the court) came up and explained that the judge would like me to participate in a program where the judge holds court hearings in an auditorium of a local school. He advised me that she really wanted me to have my sentencing in front of students since I was close to their age, and explicitly stated that she may be more harsh on me if I disagree. Feeling like I had no option, and without counsel to consult, I agreed. I went up, she briefly spoke to me, setting in stone that my sentencing would be scheduled for one of her court-in-school programs. It was also at this point where she explained that the court would appoint an attorney for me for those proceedings.
Is it legitimate for me to be coerced in this manner to having my sentencing in front of a school?
On the date, I went to the school. Briefly met my attorney who explained that I wouldn't have to do anything, and that I would be asked if I would like to say anything, and that if I chose to it wouldn't really help, but could only hurt my case.
The court in school program started, in a large auditorium full of hundreds of students. A few cases were done before me, and they were getting treated extremely harshly. For the case immediately preceding mine, a young man with a DUI charge, his lawyer explained that he had now chosen to refuse to have his hearing at the school. He argued she had been extremely unfair and was punishing people too harshly in order to set an example. She agreed to postpone his sentencing until returning to the court that afternoon.
When my case came up, she proceeded to lecture me for several minutes about the dangers of smoking marijuana, without even mentioning the fact that I had quit a month prior, and had passed my drug test. For throwing a cup out of the window, which I was told before the case would probably result in 1 year of non-reporting probation, I was sentenced to the following:
- 1 year of reporting probation
- Twice monthly drug testing (at my expense)
- 30 hours of community service
- 10 hours of drug classes
- $500 in fines
- 90 days in jail, which was suspended. My lawyer explained afterward that if I were to violate probation once, the jail sentence would be applied.
Is this whole court in school thing legitimate? I was coerced into it under threat that my sentence would be harsher, and facts of my case were ignored and my punishment unduly severe so she could set an example and try and teach the kids something. How is that a fair trial? Or due process? Would I have been able to appeal the sentence on the basis that it is impossible to get a fair trial when there is an incentive for the judge to punish me extremely hard to show these kids "what happens when you do drugs" (or in my case, used to do drugs)
Any comments are appreciated. I just want to know if any of this was plainly illegitimate, and if there's anything I could do now to reconcile what I feel was an extremely unfair process. If you need more information to analyze the situation, just ask. Oh yea, and please ignore the immature username. I made it years ago.
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| Improper ticket (mip) |
| Arrests, Searches, Warrants & Procedure |
I was sitting on my friends porch at school, and about twenty minutes earlier people threw a bunch of **** in the road. I was not doing anything wrong just sitting and talking. Cop comes on the porch asks how old everyone is, me being the youngest i say 19 first and hope he doesnt catch it. I was then pulled to the side and asked my name and breathalized. I blew a .113 and was given a ticket without proving my identity. No ID was takin. Would lying about my name have gotten me out of this ticket?
thanks in advance
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| MIP in Michigan at MSU |
| Juvenile Law |
| We live in OH, child was at MSU in E. Lansing MI. Received MIP. He is almost 19 yrs. old. If it was a campus police that issued the MIP, what jurisdiction will hear the case? I know we can request the diversion program. Do we request it at the first hearing, or plead not guilty then go to pretrial and request the diversion program. Also he goes to school in another city. Is having to call in daily to see if your number is the one to go conduct a breathalyzer standard? Is this something we can organize with the town he goes to school at. It is a couple hours from E. Lansing. This is our first trip down this road and just want to have everything lined up. Also, is an attorney recommended? Our concern is if he resides out of state except for being at school, will there be differrent penalties? I've read never plead guilty, but then you have to plead guilty to request diversion. At what appearance do you request the diversion program? Any advice will be greatly appreciated.What is the name of your state (only U.S. law)?
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