Legal Question in Criminal Law in Michigan
I recently received my 2nd MIP of alcohol. It is through the rochester court district. With my first one I just paid a fine and it was over no probation or anything but it is on my record. What am I up against/ do I really need a lawyer I don't really have the money for one.
3 Answers from Attorneys
The 52-3 District Court in Rochester is very tough on MIPs, especially considering it is your second offense. Yes, it would be much better if you had a lawyer. Remember that just because you have been charged does not mean you are guilty. You need to have your case evaluated by an experienced criminal defense attorney. Feel free to contact our office at Attorneys of Michigan PLLC and ask for Dan Hajji. 248.865.4700.
One big difference between your first MIP and this one: if you are convicted a second time, your driver's license will be suspended. That doesn't happen on MIP #1, even though it was put onto your driving record (so police, prosecutors, courts and SOS would know that this is MIP #2).
You should have your case facts evaluated by a criminal defense attorney, whether he/she is court-appointed or retained. A legal defense may exist that you do not know about.
If there were a court that you absolutely did NOT want to appear in for your second MIP, it would be the 52-3 in Rochester.
"Abandon all hope, ye who enter there"
An attorney won't do you much good when you're in front of the ladies. Look nice, wear a white shirt and a dark tie, and don't wear jeans. Keep your hands out of your pockets, don't mumble, don't cry, stand up straight, and address the judge as "Your Honor" when your case is called. Talk to the prosecutor first. Have your mom there.
BUT, before you show up there I'd do 20 hours of voluntary community service and go to 10 AA meetings - getting attendance sheets signed for both to show probation and the judge. Oh, and stay home for Halloween. One more hit and you're in the Graybar Hotel for sure, as well as a long term substance abuse program.
All the above is applicable if you have no defense to the charge. Don't try to make one up - you'll get whacked if you do.
But, if you have a real, valid defense, at least get a court appointed attorney. It won't cost you that much
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