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Minor in Possession or Consumption of Alcohol | More serious than you think!
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Of course, dismissals are not always possible - and this must be emphasized. Nevertheless, many prosecuting attorneys in different courts will discuss options for the MIP and your attorney should be aware of these options before accepting your case.
Such options may include:
1) Stipulated Order of Continuance (SOC) (aka Pretrial Diversion Agreement): This is an agreement (contract) that will allow the defendant to have his or her case dismissed after a period of time upon the performance of certain conditions (i.e. an alcohol class and/or community service).
2) There are a few jurisdictions where I practice that will dismiss the MIP immediately upon the completion of conditions - thus avoiding the waiting period.
3) Deferred Sentence: Of course, this isn't perfect as it requires a Guilty plea but the charge will be ultimately dismissed after a period of time.
4) Legal Defenses: Questions would be, was the initial contact with the defendant lawful, was the evidence gathered to confirm consumption of alcohol valid, and so on. Be sure you talk to your attorney abut the facts of the case and have a look at the MIP statute.
Remember, fight the case and hire a good attorney. An MIP conviction may harm you in the future and must be avoided when possible.
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