Detroit and Michigan Minor in Possession Lawyer & Attorney
Serving Clients in Detroit, Metro Detroit and Michigan
Call Today (248) 705-3742


Michigan & Detroit Minor in Possession Lawyer and Attorney

The Law Office of James Schmier, PLLC will fight aggressively to keep a conviction for Minor in Possession (MIP) off your record and protect your future.

HM-Already on Probation
I received a call from a concerned father. His son, already on probation for Possession of Marijuana and sentenced under MCL 333.7411 in Rochester, MI, had been charged with MIP and failure to obey a police officer in East Lansing when he tried to run (he was so drunk, he fell before being able to take off). The big problem, I told the father, was not the two new charges, but rather what the Judge who had sentenced him for the marijuana possession might do if he was charged and convicted with violating probation.

After retaining our services, I immediately called his probation officer to let her know what had happened. I knew she would eventually find out and better to hear it from us rather than finding it out on her own. I also agreed with the parent, that his son withdraw from MSU, return home, and attend OCC. This would give him time to grow up and remove the temptations that young adults often face when being away at university. I also suggested that he attend some AA or NA meetings, engage in some form of community service, and obtain some counseling in order to better understand his self-destructive behavior.

Meeting with the prosecutor in East Lansing, I was able to persuade her to drop the MIP and the Failure to Obey charges and reduce these to civil infractions. Although, he would pay stiff fines, they would not add other misdemeanors to his record. Later, meeting with the Judge in Rochester, MI, we presented attendance logs from AA, a letter from the son's psychologist, proof that he was performing community service with the Salvation Army, and I explained that he had recently moved back home and enrolled in community college, giving him time to mature while under the watchful eyes of his parents.

Although the Judge stated that she normally would have revoked his 7411 status, in this case, she did not violate him explaining that the son appeared to be taking steps to make sure there would no repeat of this conduct. All in all, it was a win-win for everyone involved. The son appears to be taking steps to grow up, he will have no permanent criminal record, and the People and Court were satisfied knowing this young man was taking responsibility for his conduct and taking steps to move forward.

Josh-March Madness

It was the final game of the March Madness semi-finals and Michigan State was poised to win. Josh, a pre-med student at the University of Michigan with a 3.75 average decided to drive to East Lansing and join the celebration with his friends at MSU. Little did Josh know that when he went to Cedar Village that evening, he would also be joining 220 East Lansing police officers who had been assigned to watch the complex. After drinking a couple of beers, Josh, being outside on this warm spring evening and needing to urinate, figured a good place would be behind a tree just off the parking lot. While Josh did not want to do this in public, everything he did was under the watchful eye of a policeman who then arrested Josh for Urinating in Public. He was taken to the police station where he then consented to take a Preliminary Breath Test. He blew over the legal limit and was also charged with Minor in Possession. That's when Josh called our office.

Josh, facing two misdemeanor charges knew that when he filled out his application for med school would have to report that he had a criminal record. He was also terrified that he could possibly be required to register on the sex offender list for public exposure and indecency. After Josh called, we immediately called the prosecutor to determine if Josh had been charged under State Law or the City Ordinance. If he had been charged under State Law, it was possible the we could get the MIP dismissed due to a recent ruling out of the Federal Eastern District Court that held that Michigan's MIP Law was unconstitutional. Unfortunately, Josh was charged under the City Ordinance and Josh and not knowing that he could have refused to take the PBT, voluntarily consented. At his arraignment, we talked with the prosecutor. Over two weeks and several conversations with the City Prosecutor, the Prosecutor agreed to drop both the UIP and MIP if Josh would plead guilty to disorderly conduct, a civil infraction. Although he paid a stiff fine, Josh walked away without a criminal record and we were able to get his arrest and fingerprint cards destroyed. In fact, Josh didn't even to go before the judge plus we were able to arrange a payment plan so Josh could pay the fines over time.

If you have been charged with Minor in Possession, the Law Office of James G. Schmier, PLLC, might be able to get the same deal for you. Don't let an incident like this compromise your future. Retaining an experienced and aggressive MIP Defense Attorney might just be the best investment you will ever make.

Sam, The Party Got a Little Out of Hand

Sam was 17 years and attending a party that according to her "got a little out of hand". Someone, probably a neighbor, called the police, who when they arrived, questioned Sam. The officer asked her to submit to a preliminary breath test. According to the police report, Sam smelled like alcohol, slurred her speech and had trouble standing up. The test returned a result .20, two and a half time the legal limit even for drunk driving and 10 times over the limit for being a minor in possession.

We advised Sam of her various options including going to trial, challenging the results of the PBT, or trying to negotiate a deal with the prosecutor that the judge would accept. Sam considered these options and decided to let our office negotiate the best deal we could. Even though Sam had broken a window where the party was going on, had taken a swing at another party-goer plus had a prior conviction for domestic violence, we negotiated with the prosecutor who agreed to charge Sam as a first time offender.

Appearing before the judge, Sam was sentenced to probation and alcohol counseling. Furthermore, the judge agreed to defer sentencing and take the case under advisement, meaning that once Sam fulfills the terms of her probation, her guilty plea will not be entered and the offense will not appear on her record. We were also able to accomplish this with only one appearance before the judge keeping Sam's legal expenses to a minimum.
If you are charged with MIP, it probably is not the best time to go it alone. Hire an experienced and competent attorney to protect your rights and who will stand up for your interests.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Danville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

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The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742