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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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I got an MIC a few months back (in Tempe, AZ), and now have

Resolved Question:

I got an MIC a few months back (in Tempe, AZ), and now have some paper work for court (a plea by mail I'm pretty sure) and I was wondering if pleading not guilty and just paying a fine, or pleading no contest would be a better option. I have heard possible diversion programs may be available for a no contest appeal, but I'm not sure, so any help would be appreciated.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  xavierjd replied 7 years ago.

Thanks for using JustAnswer.com

 

Make sure that you didn't miss a deadline for a plea by mail, or to make a court date.

 

How old are you?

 

Have you ever been in trouble before?

 

Thanks

Customer: replied 7 years ago.
I got the required plea in before the court date, but I need to kind of hurry and send the paper work in because it needs to be in before the 16th (of February). I am 18 years old, the only trouble I've been in before was a BUI in California, but I already got my record sealed, so nothing official.
Expert:  xavierjd replied 7 years ago.
Were you driving when you got the MIC?
Customer: replied 7 years ago.
No
Expert:  xavierjd replied 7 years ago.
You really need to call the court in Arizona where the ticket was filed. You need to make sure that you do not have to appear. In most misdemeanor cases, you need to appear. If so, you NEED to go to court. If you don't a warrant could be issued.
Minor in Possession of Alcohol (A.R.S. § 4-244(9))

It is unlawful for someone under the legal drinking age (21) to buy, receive, possess, or consume alcoholic beverages. Underage drinking is a class 1 misdemeanor punishable by a maximum $2,500 fine and 6 months in jail. Judges have the discretion to place an offender on probation.

It is also unlawful for an underage person to ask another person to buy, sell, give, serve, or provide him/her alcoholic beverages. The maximum penalty for this class 3 misdemeanor is a $500 fine and 30 days in jail. Judges also have the discretion to place the offender on probation. The person who furnishes the alcohol to an underage person, however, may be charged with a class 1 misdemeanor.

 

If you plea "no contest", all that means is that you don't admit or deny the allegations in the ticket. For purposes of sentencing, its like a guilty plea.

 

If you plead not guilty, then you will need to go to court to resolve the matter.

 

If you plead guilty, then you admit to the offense and will be sentenced.

 

There may be a diversion program available. But it is up to the prosecutor and/or judge to determine if you are eligible. If you are, you would be placed on probation for a period of time, may have to complete a class, complete community service and pay fines. You will have to to ask the judge to be in a program. Because you have already had a diversion/deferral in California, you may not be eligible for another one.

 

If you plead not guilty, then a court date will be set. That will buy you some time to speak to an attorney in Arizona who practices in Tempe. You can ask if s/he can help you and if you would be eligible for a diversion/deferral. If there is nothing that can be done, then you can always change your plea to guilty at the time of the hearing.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

 

 

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