Kalkaska Minor In Possession Defense

Don’t Let a Kalkaska Minor in Possession Charge Damage Your Record

A Kalkaska Minor in Possession charge may be dismissed if the minor successfully completes a probationary period. A deferred prosecution allows you to avoid jail, avoid a Criminal Record and Keep Your Driver’s License.

Deferred prosecution of a Kalkaska Minor in Possession charge protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension. For a free case evaluation contact Patrick Fragel today.

A Kalkaska Minor in Possession (MIP) of Alcohol, while tough on drinking, offers a generous deferred prosecution for first time offenders. When a minor who has not previously been convicted of Minor in Possession pleads guilty, the court, without entering a judgment of guilt, and with the consent of the Defendant, may defer further proceedings and place the Defendant on probation.The conditions of probation will include payment of the court costs, the costs of probation, and the costs of substance abuse testing, and rehabilitation services. If the person successfully completes the terms and conditions of probation, the court shall dismiss the Kalkaska Monor in Possession charge.

Dismissal under this section shall be without adjudication of guilt, and a criminal conviction never occurs. A person may obtain only 1 dismissal under the Kalkaska Minor in Possession law.

PARENTAL INPUT: Parents of a minor charged with a Kalkaska Minor in Possession may request a random or regular preliminary chemical breath analysis as part of the probation. Courts encourage parents to participate in the minor’s rehabilitation. If requested by a parent, the Court can impose curfews and high school performance standards as conditions of probation.
FIRST OFFENSE If convicted, First offenders under the MIP statute face a $100 fine, court costs and supervised probation. The conditions of probation may include community service, substance abuse screening and assessments, which can be very time consuming and expensive. The first conviction will undoubtedly cause a spike in your insurance rates.
SECOND OFFENSE A second MIP conviction has a possible 30 day jail sentence. Jail can be ordered if the court finds that the minor violated an order of probation. The violation could include failure to complete substance abuse treatment, screening, or community service, or failure to pay the fines for the first conviction. The fine doubles to $200.00. The court is likely to order strict substance abuse monitoring such as urine analysis, daily preliminary breath tests (PBT’s), and/or formal substance abuse treatment.
THIRD OFFENSE The third MIP conviction can land the minor in jail for up to 60 days. The fine is hiked up to $500, plus court costs. Inevitably, a third offense will result in regular chemical testing, and substance abuse counseling.

License Sanctions for a Kalkaska Minor in Possession – MIP

The Michigan Secretary of State (SOS) will impose the following suspensions when a minor is convicted of Minor in Possession MIP:
1) Deferred Prosecution: No sanctions.

2) First Offense: 60 suspension.

3) Second Offense: 90 days. The SOS may issue the person a restricted license after the first 30 days of suspension.

4) If the person has 2 or more prior MIP convictions, the SOS shall suspend the drivers license for 1 year. The SOS may issue the person a restricted license after the first 60 days of suspension.
Keep in mind, if you are convicted of MIP after having a deferred prosecution, the SOS will use the deferred prosecution to enhance the license sanctions.

ABOUT THE AUTHOR: Patrick S. Fragel

After law school, he assumed a full-time prosecutor position where he handled cases involving drug offenses, drunk driving, serious assaults and embezzlement. During his 20 years of private practice, he has obtained several “not-guilty” verdicts in criminal trials throughout Western Michigan.

Don’t Let a Kalkaska Minor in Possession Charge Damage Your Record

Call Patrick S. Fragel, Attorney at Law, P.C.


Kalkaska Criminal Defense Contacts:

46th Circuit Court – Kalkaska County, 800 Livingston Boulevard, Gaylord, MI 231-258-3300

87th District Court – Kalkaska County, 605 North Birch Street, Kalkaska, MI 231-258-9031

Kalkaska County Sheriff, 605 North Birch Street, Kalkaska, MI 231-258-8686

Kalkaska County Jail, 605 North Birch Street, Kalkaska, MI 231-258-5245