Legal Question in Criminal Law in Michigan

Juvenile MIP

My 16 year old has been charged witha MIP. This was her first offense. I have nver had any trouble with her. She was with 3 others on this night that we also drinking. She had one of has all ready went through teen court. Her diversion conditions are: 8 mos. probation, Individual counseling, 4 days community service, 1500 word essay, Random drug screens. I feel this is excessive for her 1st violation do you?


Asked on 12/07/07, 11:01 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Juvenile MIP

Juvenile delinquency dispositions (sentences) are meant to rehabilitate the child, not punish. So "excessive" really doesn't apply; that suggests that there's "too much rehabilitation" going on??

Technically, the juvie court could keep a minor on probation until his/her 19th birthday (which, in your child's case, would be 2-3 years), so 8 months is not excessive. But, very very few kids have probations that go until the 19th birthday; those are the worst of the worst. In my personal experience, an 8 month probation is not overly long. It may take that long for the kid to do the counseling, for example. It may also take that long to see a track record of sobriety before the court is satisfied that the kid's alcohol use has been rehabilitated. (A "week" of sobriety would be ridiculously short, right? So why is 8 months excessively long?) Also, some courts will kick a kid off probation early when all the other terms have been completed.

Every juvie court disposition order is tailored to THAT child. No cookie cutter dispositions because each kid has his/her own problems and needs. Maybe the kid who already had a disposition has different personal issues than your daughter. If so, her terms will differ, in all likelihood.

You also mention that this is a diversion case. So, then, at the end of the probation term, your child's case can be dismissed?? (This is allowed for 1st offenders.) So, riddle me this, then: in order for her to prove herself worthy of having a case dismissed because she has been rehabilitated, how much LESS should the disposition terms be??

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Answered on 12/07/07, 12:47 pm
William Morrison Action Defense Center

Re: Juvenile MIP

Your child is a juvenile and you are a custodial parent. It would be highly inadvisable for you to protest her probation which is not overly punitive.

You do not want to give the juvenile authorities or Child Protective Services the impression that you do not take her unlawful consumption of alcohol seriously.

Or don't you? A good portion of your post was unintelligible, but it seems you wish to blame others for your child's misbehavior and her punishment.

If you are found to condone her drinking, Child Protective Services may have her removed from your home.

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Answered on 12/07/07, 10:06 pm


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