Legal Question in Criminal Law in Michigan

MIP on teather & probation

I am on conventional teather, and have been for 6 months. I only have 3 months left. I also am on non-reportive probation in the same courthouse/district. I have been getting drug tested weekly and have had no problems with my teather or probation officers. I have 3 jobs and am a full time student with a 3.65 GPA.

My problem is that i got an MIP on saturday in Ypsilanti, Mi; and i was suppose to be at work. The officer gave me a ticket and i still have a few days too deal with it. This is my second MIP and i did not get put on teather for an alcohol related charge.

Luckily, my MIP will not be sending me ''directly'' back to the original judge i got the teather from, but it is mearly a city away.

What can I do? What's gunna happen? And is there a chance I don't got to jail (full time student, 3 jobs, lives on own, pass drug tests, ect...)?


Asked on 8/30/04, 3:38 pm

2 Answers from Attorneys

William Morrison Action Defense Center

Re: MIP on teather & probation

Here's a worst case scenario:

Represent yourself; plead guilty to MIP 2nd; get fined $200, receive a year's probation, and probably court ordered substance abuse treatment. Your license is suspended for 90 days.

Also, call probation; get violated, lose any advisement status (eg. Sec. 7411, YTA) resulting in a reportable conviction and serve 15-45 days (or more); lose your present jobs and forget the fall semester (and some of the prepaid tuition).

Or... you could retain an attorney before the MIP appearance and before contacting probation and follow his\her advice. Stop fooling around with your already fragile future. You've worked hard for your education, but an employer may not consider your 3.65 GPA in light of your criminal record. If you have 2 or more convictions, your record is permanent - it cannot be expunged.

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Answered on 9/01/04, 12:22 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: MIP on teather & probation

Here's a suggestion ... from a prosecutor. (I'm assuming that some attorney in provate practice will say something different, like "I handle these kinds of cases, so call me at 1-800-123-4567!")

The odds of you keeping this totally outside your probation court's radar are slim. Eventually, they'll find out. So, honesty is the better policy. Tell your probation officer before the PO finds out him/herself. The PO and judge will not be happy with the violation, but their reaction should be tempered by the fact that you turned yourself in.

Imagine what their reaction will be if you continue to hide the facts? They'll assume that you cannot be trusted, that you won't follow their proation rules, etc ... and their only appropriate response will be to punish you.

That said, you still should consult with a criminal defense attorney in your area, because he/she may have personal experience with your judge or that probation department to know how they'd react even if you did do the right thing and self-report the violation. Take his/her advice, not mine, because there is a risk that even doing the right thing could result in further punishment.

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Answered on 8/30/04, 4:34 pm


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