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Minor In Possession Conviction

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  • 06-08-2008, 02:19 AM
    kristenmoss
    Minor In Possession Conviction
    My question involves criminal law for the state of: Michigan

    When I was 18, I received a ticket for underage drinking. My Father came with me to my arraingment and advised me that I should just plead guilty. I honestly thought that I had no right to plead not guilty and no right to an attorney. I thought that it was not a serious enough offense to warrant getting an attorney. I thought "well I drank two beers so I MUST plead guilty."

    Later, a lot of my friends received MIPs in Michigan. However, they pleaded not guilty, got a court appointed attorney, and got their cases dismissed. Even if they didn't get their case dismissed, everyone was eligible for a diversion program for their first offense.

    I honestly had no idea I had a right to an attorney. I remember getting up in front of the court, shaking because I was scared, and saying "guilty" because it is what my dad told me to do.

    Later, I received an OWI charge. I realized that if I did not have this MIP on my record, I would be eligible for expungement of the OWI after 5 years.

    I talked with an attorney and he said that it is possible for my MIP to fall off my record. Is this true?

    Could it be possible for my MIP to fall off then I could get my OWI expunged.

    Is there any way to overturn the MIP conviction seeing as I did not understand the plea process and did not know I had a right to an attorney?

    Where can I find an attorney that will go over my case with me?
  • 06-10-2008, 08:41 AM
    aaron
    Re: Minor In Possession Conviction
    You can't expunge traffic offenses in Michigan, so you cannot expunge an OWI (MCL 257.625) even if you have no other crimes on your record.

    MCL 780.621(2): "A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense." MCL 780.621a(b) defines a "traffic offense" as including any violation from MCL 257.1 to 257.923.
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