Charged With MIP While Preparing for a Semester Abroad

[ese]

My question involves criminal law for the state of: VA

I got charged with MIP in Richmond, VA but I live in Philly. I'm supposed to study abroad in Russia starting September, the passport process is underway and I've already paid a deposit. My court date is not until August 19th. I talked to the Clerk and the Commonwealth Attorney, and the clerk told me to write a letter to the judge explaining my situation and asking for a continuance, or to speed up the process. Then I spoke to a criminal defense lawyer, and he told me that I should just do the 50 hours of community service that I'd likely get slapped with anyway, as well as enroll in an alcohol awareness education class here in Philadelphia. Then he told me that I should go to the prosecuter in August and show them that I did the 50 hours and the class, explain my situation, and they'd likely just sort of dismiss it (or let me go to Russia at the least).

Does this sound like a good plan? I'm trying to get all angles. The defense lawyer advised me not to write a letter to the judge.

Any legal advice welcome! :)

Thank you!

E

[brownj12]

My question involves criminal law for the state of: VA

I got charged with MIP in Richmond, VA but I live in Philly. I'm supposed to study abroad in Russia starting September, the passport process is underway and I've already paid a deposit. My court date is not until August 19th. I talked to the Clerk and the Commonwealth Attorney, and the clerk told me to write a letter to the judge explaining my situation and asking for a continuance, or to speed up the process. Then I spoke to a criminal defense lawyer, and he told me that I should just do the 50 hours of community service that I'd likely get slapped with anyway, as well as enroll in an alcohol awareness education class here in Philadelphia. Then he told me that I should go to the prosecuter in August and show them that I did the 50 hours and the class, explain my situation, and they'd likely just sort of dismiss it (or let me go to Russia at the least).

Does this sound like a good plan? I'm trying to get all angles. The defense lawyer advised me not to write a letter to the judge.

Any legal advice welcome!

Thank you!

E

Was it a Defense Lawyer in Richmond? Or in Philly?

If it is a defense lawyer in Richmond then I would follow his advice. If not get a lawyer in Richmond, who knows the court, and has handled MIP charges there. A lawyer with a good working relationship with the prosecutor can likely work out a hand shake agreement that will get the charges dropped or reduced at your first appearance in exchange for proof of completion of your side of the deal.

[ese]

Was it a Defense Lawyer in Richmond? Or in Philly?

If it is a defense lawyer in Richmond then I would follow his advice. If not get a lawyer in Richmond, who knows the court, and has handled MIP charges there. A lawyer with a good working relationship with the prosecutor can likely work out a hand shake agreement that will get the charges dropped or reduced at your first appearance in exchange for proof of completion of your side of the deal.

It was a defense lawyer in Richmond, who said that the judge was a friend of his. Thank you so much for the advice!

- - - Updated - - -

But also -- I can't afford this lawyer, and he doesn't cahrge too much. He was just suggesting I go in there myself with the completed hours and alcohol education classes and explain to the prosecuter my situation.

[Disagreeable]

You may no longer be eligible for the program to study abroad. I suggest you contact them before all the airfare is wasted.

[brownj12]

It was a defense lawyer in Richmond, who said that the judge was a friend of his. Thank you so much for the advice!.

But also -- I can't afford this lawyer, and he doesn't cahrge too much. He was just suggesting I go in there myself with the completed hours and alcohol education classes and explain to the prosecuter my situation.

I would be a lot more comfortable approaching it with the lawyer representing me, if you can scrape together the money then I would try to do that.

If not, and you are willing to risk it all being a waste, you can complete the alcohol program, and community service and bring proof of both with you. If the judge and DA accept that then you are all set. If not then you may be stuck doing it all over again afterwards. I don't know the area well enough to know if you will be successful, but if you can manage the hours and the cost of the class then you won't be in any worse shape than you are now, and it would at the very least show you put in effort, even if the charges are not resolved that day it may be enough for the judge to delay the case until you are back.

You may no longer be eligible for the program to study abroad. I suggest you contact them before all the airfare is wasted.

While it is possible your Study abroad program has a policy that won't allow you, it is fairly unlikely, especially if you can get the situation resolved before you travel. I would look up their policy if they have one, but I wouldn't lose sleep over it.