Roger : Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney in Mississippi. Thanks for your question. I'll be glad to assist.
Roger : A minor convicted of MIP is guilty of a misdemeanor and will face a fine from $200 to $500, as well as up to 30 days of community service. Thus, it's a minor offense.
Roger : Public intoxication is also a misdemeanor, and carries a fine of up to $500, up to 30 days in jail, or both.
Roger : Thus, these are minor offenses, BUT the fact that he's a minor and the fact that he's gotten citations at different times could make the judge put him on probation or community service longer.
Roger : But, it's not likely that he'll face any serious consequences since he's a minor and since these are relatively minor charges.
Will it make a difference that one was a citation and the other one was an arrest? Also, before the second offense happened we were told that he would probably be able to get the MIP expunged. Now that he was arrested for the public drunk will he still be able to have it expunged?
Roger : Both are misdemeanors, but usually with a public intoxication charge, the person is arrested because of the state he/she is in. So, the fact that there was an arrest really doesn't make a difference.
Roger : Also, if he gets the MIP heard before the public intoxication charge, an expungement should still be available.
Roger : Since the MIP would still be a first offense, the expungement would be still be available.
His court date for the MIP is in December. The arraignment for the public intoxication is October 29. He hasn't really been able to give us much information about the arrest because he doesn't remember. The only thing that he remember was being taken to a holding room, then a little later taken by a van to the jail. I asked him if a breathalyzer was taken, and he doesn't remember that either. Does it make a difference if it was by campus security or a police officer?
Roger : Ok. Thanks for the information.
Roger : No, it doesn't make a difference whether it was campus police or regular law enforcement.
Thank you so much for your help and your quick responses! This does make me feel somewhat better. Hopefully, my son will stay out of trouble!