First Offense MIP Charge

My question involves criminal law for the state of: Massachusetts

So my son got arrested for mip. He had other kids in the car and was one month away from being able to legally drive people. His friends nor him was drinking but they had it in the car. He thought because there was a 21 year old in the car that everything was fine, needless to say he was wrong. He has never been in any other trouble before until now. I have heard about diversion programs and wanted help on what to expect for consequences.

Will he lose his license if he does a diversion program?
I need him to drive his brother seeing as there is no other alternative

Will this record stay with him?

What are the expected consequence?

Any advice for him in court

MIP means Minor in Possession ? If there aren't any other circumstances that you don't know about the 21 year old should fess up to being the owner of the alcohol....if the container(s) as in beer cans were open that could be a problem - options are plead not guilty and either get court assigned counsel or plead which will sink his DL - not sure about Mass. but in some states a controlled substance found in a vehicle is legally presumed to be possessed by all occupants....alcohol doesn't qualify as a controlled substance but I hope they don't have the same presumption with respect to alcohol in a vehicle.....if the cop testifies that it was an open container - Big problem.

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Quoting Nhrider

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So my son got arrested for mip. He had other kids in the car and was one month away from being able to legally drive people.

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Was he also charged with the license violation?

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Quoting Nhrider

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He has never been in any other trouble before until now. I have heard about diversion programs and wanted help on what to expect for consequences.

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Cutting and pasting from my reply to another poster regarding the same subject:
That you have good grades, are a choir/altar boy, volunteer 7 days a week at the homeless shelter, help little old ladies across the street, or love puppies and horses is all irrelevant in defending yourself against either/both of these charges. However, showing a history of good behavior (like your grades) might well help convince a prosecutor that you are a good candidate for a diversion program or other deferred prosecution. Contact the prosecutor's office and inquire about this possibility before your court date. Entering into a deferred prosecution means pleading guilty to the charges with an agreement with the prosecutor regarding sentencing. Typically, the judge will sentence you to a standard sentence for the charges, then suspend the sentence with conditions. Expect the conditions to include some or all of the following: lawful behavior for a specified time (expect at least a year - this one is guaranteed), no alcohol/drug consumption, an alcohol/drug assessment (an evaluation by a professional to determine if you have a substance abuse problem), attendance in a substance abuse treatment program (alcoholics anonymous, etc - depending on the results of your assessment), attendance in some program intended to educate you about the consequences (both to yourself and others) of substance abuse, attendance in a victim impact panel, and/or a specified number of hours of community service. If you complete the conditions, the sentence goes away and, possibly, the conviction is vacated. If you fail to live up to the conditions, even once, the sentence is imposed in full.

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Quoting Nhrider

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Will he lose his license if he does a diversion program?

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It is quite possible...especially if he was charged with both MIP and the license violation.

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Quoting Nhrider

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I need him to drive his brother seeing as there is no other alternative

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I don't mean to sound harsh, but there is ALWAYS another alternative. The alternative may be inconvenient, expensive, and/or less than desirable, but there ARE alternatives. Don't expect this argument to carry ANY weight with either a judge or prosecutor.

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Quoting Nhrider

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Will this record stay with him?

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Most likely, yes. If he is under 18, the juvenile conviction may be sealed once he is an adult.

What can he expect for a license suspension? Is there any way of reducing this?

Would a attorney help with this, the arresting officer said that he wouldnt throw the book at him so I dont really know what to expect.

Last thing is I thought that after completing a diversion program the record would dissapear.

I forgot to add that the charge was 138/34c/a. Would a license violation be an additional charge in court or would he only be responsible for the previous charge on the police report?

Thank you any help is appreciated