Legal Question in Criminal Law in Michigan
Mip
I just recently got an mip. My arraignment is coming up soon. I live in Michigan and want to get a diversion so it won't be on my record. I was wondering how I could about doing that and what I should plea at the arraignment. Will they just offer me a diversion or do I have to ask for it?
2 Answers from Attorneys
Re: Mip
You have to ask for it. Ask the prosecutor, but ask a lawyer who can advise you on your facts first.
If you are eligible, you have to prove eligibility (although the judge should ask you enough to prove it) and negotiate this with the prosecutor, who has to go along with the program.
Re: Mip
There is a diversion provision within the MIP statute which you must request. Do not plead guilty unless you are pleading pursuant to this provision. Do not make the mistake of pleading under any other diversion statute (e.g. HYTA).
If this is confusing, at least get a court appointed lawyer.
William Morrison
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