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    CALL ATTORNEY JIM AMBERG AT (248) 681-6255 FOR A FREE CONSULTATION

    MIP DEFERRAL WITHIN THE MIP STATUTE

    Within the Michigan Minor in Possession of Alcohol Statute, the Legislature included a provision which allows a young person who has not previously been charged with an MIP to receive a deferral.  Specifically, the provision which allows this is MCL 436.1703(3).

    WHAT IS A DEFERRAL?

    A deferral is an alternative sentence in which the sentencing Judge will impose a sentence on the defendant without entering the plea as a conviction.  If the defendant is able to successfully complete the sentence given by the Judge, then the conviction is not entered on the defendant’s record.  In other words, it’s like the Judge takes the defendant’s file, puts it on her desk, and if the defendant finishes the sentence, the file is then thrown into the garbage.

    AM I ELLIGIBLE FOR A DEFERRAL?

    Under the MIP statute, you may only receive the statutory deferral if you have never previously been convicted of, or received a prior deferral for, an MIP.   If you do have a prior criminal adjudication for an MIP, you are not eligible for deferral under the MIP statute.  That however does not necessarily mean that you cannot receive some type of deferral in order to keep that second MIP off of your record.

    THE HOLMES YOUTHFUL TRAINEE ACT

    There are many nicknames for the Holmes Youthful Trainee Act.  For instance, some people call this statute HYTA, while others refer to it as YTA.  The Holmes Youthful Trainee act can be found at MCL 762.11 and operates as a mechanism for judges to defer young people’s charges, much like the MIP deferral statute above.

    HOW DOES HYTA WORK?

    Even if you have a prior MIP, whether deferred or not, you may still be eligible for a deferral under HYTA.  HYTA allows for the court to defer a charge in most situations where somebody between the ages of 17 to 21 has committed a crime.  Although there are a few felonies and traffic offenses which are not included from HYTA eligibility, most charges, including MIP, are eligible for deferral under this statute.  This means that even if you have a prior MIPs, you may be able to get your current charge deferred.

    I’VE RECEIVED HYTA BEFORE, CAN I GET IT AGAIN?

    Although many criminal defense attorneys will advise their clients to the contrary, the fact of HYTA is that it can be granted multiple times.  Although this is the case, many judges will not grant HYTA more than one time.  However, it is possible to receive HYTA status multiple times.  In order to do this, the defendant has to show the judge why they deserve to have another chance.  A good lawyer will know how to get his or her client into the right programs that will show the court that the defendant deserves another chance.

    CALL ATTORNEY JIM AMBERG, MICHIGAN’S MIP WARRIOR, AT (248) 681-6255 FOR A FREE CONSULTATION

    TO SEE JIM’S DETAILED DRUNK DRIVING DEFENSE WEBSITE, PLEASE GO TO WWW.OAKLANDCOUNTYDUILAWYER.COM