Monday, March 10, 2014

MIP Scam? Spring breakers charged with Minor in Possession of Alcohol

Recently, the State of Florida came up with an amazing legal scam with Minor in Possession (MIP) charges. The scam works like this:

First, everyone in America knows that the federal government forced the states to raise the legal drinking age to twenty-one (21). Minor in Possession is now a crime nationwide. Everyone knows that this law is utterly ridiculous, and the government has turned into a way to win elections.

Second, the scam starts with the police arresting minors in possession of alcohol, but issuing a criminal summons. On the back of the criminal summons is a waiver of rights and a fine.

This next part is brilliant:

  • If the Minor gets the criminal summons notarized and pays the fine, they don't have to go to court. Since most live out of state and come hundreds of miles for Spring Break, a court appearance would cause problems in school and parents would be likely to find out.
  • If the minor contacts a lawyer, the legal fee is higher than the fine. So, most minors in possession of alcohol just pay the ticket and chalk it up to experience and laugh it off.
The State Attorney in Florida is a politician. Since the case is a crime, the plea of guilty or no contest is counted as a "win." When the election cycle rolls around, these cases make the elected State Attorneys look like they are the best lawyers on Earth, and that they win most of their cases. They conveniently leave out the fact that all of these "wins" are not courtroom victories in trial. They go on to argue that they "tough on crime," using these "statistics" to prove their point.

But what about the students? They have been scammed:

  • Most don't realize that they have been arrested because they were not taken to jail.
  • Most don't realize that they now have criminal history that will show up on background checks.
  • Most do not realize that they cannot get their record expunged for at least ten (10) years.
Most victims of the MIP scam look at the cost of hiring a lawyer (usually around $1,500 - 2,500, depending on the jurisdiction), and falsely conclude they can save money, avoid having to explain why they have to come back for court, and just "pay the ticket" rather than have their parents find out.

Then they wonder why they cannot get into grad school. They are puzzled by all of the alcohol and drug use questions during a job interview. They can't figure out why they cannot get a job.

The truth? They have a criminal history of substance abuse and thus no one will touch them. When they finally find out, the damage has been done and they have to wait ten (10) years for a record seal before they can get their record expunged.

Needless to say, they aren't happy when they call and find this out the hard way. The State of Florida has scammed them.

You will never get the best deal handling a criminal case by yourself. Ignorance is not bliss, it is painful. The smartest thing to do is to hire a criminal defense attorney in order to prevent this scam from damaging your future.

Labels: , , ,

0 Comments:

Post a Comment

<< Home