2nd Minor in Possession of Alcohol Charge
My son just got his 2nd MIP while he was on a delay of sentence for the first one. He went to court & plead not guilty. We have a meeting with the Prosecuting Atty. next week. Can I ask him to put him on probation for one year for a lessor charge? What do I say to him to try to make a deal? My son is 17.
4 Answers from Attorneys
Re: 2nd Minor in Possession of Alcohol Charge
Your best option is to retain a lawyer, as prosecutors always negotiate better deals with lawyers than they do with unrepresented persons (unfair, I know, but true). You do not want this on your son's record, but you need a lawyer to ensure that he gets a lesser charge and/or can have his record sealed so he does not have to disclose it later on. If he is still on his delayed sentence, then any conviction could affect the delayed sentence - another situation you want to avoid.
2nd MIP--Minor in Possession of Alcohol Charge
My first recommendation would be getting your son's drinking issues under control and via treatment professionals and/or peer support groups such as AA or services offered by your place of worship. Penalties become far more severe when these minor drinking violations escalate into OWI's or criminal activities, so the time to resolve this is NOW! Additionally, proving voluntary treatment of drinking problems will help your son (and help your car insurance rates) once he gets to court. I would generally recommend pleading not guilty while exploring all of these options and until you can get an attorney. You can ask the prosecutor anything you wish, but whether or not his office may offer some sort of lenience depends far more upon your son's treatment efforts than upon your requests. My advice would be to consult with your own attorney. Make sure that you find someone with experience in the particular court in which your son is facing, since policies vary widely between different municipal courts. These violations can lead to mandatory loss of driving privileges and other severe penalties if not properly handled, and can be reported on your son's driving record even if the violation was not committed in a vehicle. Good luck!
Re: 2nd Minor in Possession of Alcohol Charge
Your question leads me to believe that you are not qualified to practice law. Therefore I recommend against jeopardizing your son by placing his future in the hands of a parent that doesn't have the common sense to hire an experienced lawyer. Hopefully you don't plan to try to practice surgery on your son too.
Re: 2nd Minor in Possession of Alcohol Charge
You can ask the prosecuting attorney anything you want. Don't be surprised if you get unhappy answers. He/she doesn't have to talk to you and most wont. Your son is an adult for criminal purposes and is in violation of his first MIP probation - hardly a bargaining chip for his second MIP.
What your son (not you) better do is 1. Stop drinking. 2. Begin some kind of rehabilitation before he gets to court and be able to prove it. 3. Perform some kind of community service work before he talks to the prosecutor.
The more you coddle your little boy about his unlawful drinking, the worse it gets. One MIP is careless. Two MIP's are pure stupidity. Is he a slow learner or are you?
At least get a court-appointed lawyer, or doesn't he deserve a better chance?
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