What are the mandatory consequences of a MIP citation for an 18 year-old?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are the mandatory consequences of a MIP citation for an 18 year-old?

He was at a campsite and the forest service breathalized him at .02. Should I speak with a criminal law attorney? In Kern County, CA.

Asked on February 15, 2011 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A minor in possession (MIP) can be a misdemeanor offense which can result in a misdemeanor conviction on a minor's criminal record.  This can have a significant impact on theirr future since criminal record is a matter of public record.  Therefore, employers, colleges or universities, and anyone else can view the record.  This could jeopardize scholarships, college applications, employment, professional licenses, etc. More specifically, if convicted, a minor's license will be suspended for an entire year - even if a vehicle was not involved. This penalty is mandatory for a conviction.  Additionally, a conviction also includes a $250 fine (as well as the responsibility of paying for any court costs, fees and assessments the judge feels is approprite), or 24 to 36 hours of community service.

A minor should not just pay the fine.  They need to realize that penalties under the law only arise with a conviction.  Accordingly they should consult with a criminal defense attorney on the matter.  Such an attorney can use their knowledge of the specific procedures used in different courts and in front of different judges to determine just what legal tactic is best to obtain the most advantageous result.  They can negotiate a plea or win an acquittal at trial.   For example, often a negotiated plea will result in a conviction for a minor infraction rather than a misdemeanor charge which will allow the minor to keep their driver's license and pay only a small fine with no probation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption