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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102347
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son just got s third mip...what happens now?

Customer Question

My son just got his third mip...what happens now?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. Can you please tell me which of the following exactly he is charged with?

ORS 165.805 Misrepresentation of age by a minor
ORS 471.430 Minor in possession of alcohol/minor in prohibited area
ORS 471.610 Confiscation of liquor and property
ORS 471.620 Property or places subject to confiscation
ORS 471.410(2) Furnishing alcohol to a minor
ORS 471.410(3) Controlling an area where minors are permitted to consume alcohol
ORS 471.565 Licensee, permittee and social host liability
ORS 471.567 Liability for serving minors; liability of a minor for misrepresentation of age

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
First one.
Expert:  Ely replied 1 year ago.

Thank you. How old is he, please?

Customer: replied 1 year ago.
14 got his first when he was 12 then 2nd in June of this year. Then today
Expert:  Ely replied 1 year ago.

Thank you.

First of all, understand that he will have several court dates, not just one.

​Typically, on the first hearing date, he will be asked how he pleads and he may wish not to claim responsibility/guilt, and then the matter will be reset several times as his attorney and the prosecutor try to come up with a plea deal. If this does not work, then he is to take his chances at trial. About 90% of such matters end up with a plea deal.

Normally, if he does not have an attorney, the Court will not even take his plea, and will reset the matter for her to find counsel. He may also request a reset himself to find counsel and the Judge normally obliges on the first hearing. If he cannot afford an attorney, then one is typically appointed to him, but the Court has to be convinced that he really cannot afford it - if he is able-bodied and can work, and is not in jail, then the Court normally declines appointment, but it is on a case by case basis.

It is very likely that the prosecutor and his attorney will come to a plea deal. His attorney is likely to push for a deferred sentence which is a type of program wherein a low-level, non-violent crime with someone who has little/no priors is given classes and community hours and probation in exchange for dropping the charge and any conviction. Or, he can ask for a reduced charge, etc.

Few matters actually ever get to trial. Defendants in in Juvenile Court have a lot more rights than Defendants in regular criminal court. FOR A VERY HANDY GUIDE, SEE HERE.

However, again, it is much more likely that a plea deal would be worked out that includes community hours, etc. Juveniles are generally not locked up for non-violent crimes.

Good luck.

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