Do I need an attorney if my daughter was charged with MIP? 7 Answers as of June 13, 2011

My daughter was ticketed during a concert for MIP 256629. She is 20 years old with a perfect record. She was not drinking or drunk but was holding a beer as they had arrived only a few minutes before the officer approached them. Should we seek representation now? Is that necessary or do the courts allow first time offenders to negotiate a plea or dismiss the charges if the minor is a first time offender with a clean record?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Have her go to the arraignment and see the offer. If she does not think It's fair then get an attorney.
Answer Applies to: California
Replied: 6/13/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
There is no set rule regarding how courts handle MIP cases. All I can say is, it is a criminal offense, and she could lose her license for a year. That's why you should hire an attorney, who may be able to convince the Judge to dismiss the charge, especially if she is willing to do some classes.
Answer Applies to: California
Replied: 6/8/2011
Komanapalli Massey LLP
Komanapalli Massey LLP | Mark A. Massey, Esq.
It is always better to hire an attorney to assist you with any legal problem or issue. In the same sense that you should seek medical assistance from a doctor when your daughter is seriously ill, so should you seek legal assistance from a lawyer when she is in serious legal trouble. A minor in possession is serious enough, harmful enough to her record, to warrant taking her to see an attorney/counselor at law. Forgive me, but you really believe she was merely holding that beer, huh? Alright. Good luck.
Answer Applies to: California
Replied: 6/8/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Yes. If your daughter is convicted of MIP she will automatically lose her drivers license for one year. Needless to say, she should do everything possible to avoid a MIP conviction. There are a number of ways to accomplish and hiring an experienced criminal defense attorney will only maximize her chances of doing so. I hope this answer was helpful. I would be happy to discuss your daughter's case in more detail if you so desire. Good luck.
Answer Applies to: California
Replied: 6/8/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You don't, she does. CAN the case end up being reduced or dropped? Of course. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them on pleas for sympathy. That's not how the system works. IF there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to defend the charges and keep the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or more likely won by negotiated plea or dismissal. You won't know until you consult with counsel with all the facts. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. It is her decision whether it is worth spending attorney fees, or just paying a fine and taking a minor infraction and license suspension on her record.
Answer Applies to: California
Replied: 6/8/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    The problem isn't necessarily the charge - although nobody wants any conviction, let alone an alcohol conviction she'd have to disclose in the future. The collateral consequence of a MIP charge is the license suspension from the DMV. An attorney can usually negotiate something with the prosecutor to avoid a conviction and the license suspension. Yes, even though a relatively minor charge, it's worth a lawyer.
    Answer Applies to: California
    Replied: 6/8/2011
    The English Law Firm
    The English Law Firm | Robert English
    You would want representation. A young person needs to do their utmost to protect their record for the future.
    Answer Applies to: California
    Replied: 6/8/2011
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