City of Mt Pleasant Diversion Program
I JUST RECIEVED ONE OF THE FOLLOWING TICKETS WHAT DO I DO?
Open Intoxicant in Public
Minor In Possession
Attending Nuisance Party
Hosting Nuisance Party
If you or someone you know receives one of the above tickets the following are possible outcomes:
Diversion Program: The City Attorney for Mt Pleasant receives copies of all the above citations. After a review of your file a determination will be made and you might be offered the Diversion Program. The Diversion Program allows you to avoid having to appear in court. If you decide to accept the program the pending charge against you will not be prosecuted and there will be no need to ever appear in court.
In exchange for the city not pursuing the pending criminal charge you agree to:
1. Pay $300.00 as an oversight fee.
2. Perform 24 hours of community service to be completed within 30 days once you have been accepted into the program.
3. Pay restitution if there has been damage to person or property.
In addition, the agreement will provide that within a six month time period if any additional criminal charges are brought against you in any court within the state of Michigan, the city will have the right to reinstate the original charge and pursue criminal charges in the Isabella County Court.
IMPORTANT: Whichever address you provided to the officer at the time the ticket was written is where you will receive the Diversion Letter. The Diversion letter is time sensitive and must be accepted immediately. Be sure to read instructions carefully.
WHO DOES NOT QUALIFY FOR DIVERSION PROGRAM?
1. If you were arrested and booked you will not be eligible for program.
2. If you have a prior criminal record you will not be eligible.
3. If you have used a deferral program in the past you will not be eligible.
WHAT DO I NEED TO DO IF I DON’T QUALIFY?
1. Always consult an attorney. Central Michigan Lawyer Todd Levitt can be reached at 989-772-6000 for free advice or @Levittlaw via Twitter
2. Be sure to appear in court on the date listed on the ticket.
There are still many options available for you to resolve the ticket and walk away without a criminal conviction.
MIP: Despite not receiving a Diversion letter you might be eligible for the states deferral program. Be sure when you appear in court to request this program. The deferral requires you to plead guilty and have the MIP taken under deferral during your term of probation. In Mt Pleasant that is typically 4-6 months. If after the probation period you have not received or violated the deferral you will walk away without a conviction.
Attending/Hosting Nuisance Party: if you received one of these tickets and are between the age of 17-21 you might be eligible for HYTA. This program allows you to walk away without a criminal conviction as with the above deferral program. When you appear on your first court date before the magistrate be sure that you enter a PLEA OF NOT GUILTY. This will allow you an opportunity to appear in court meeting with either the city attorney or county prosecutor and request HYTA. In Mt Pleasant you will be placed on 4-6 months non reporting probation fines plus cost. Once the 6 months expires you will walk away without a criminal conviction.
Each of the above offenses is a 90 day misdemeanors with up to $500 in cost plus community service if ordered. Additionally you could be ordered to complete an alcohol assessment and complete a class.
All the above options are based on your prior overall criminal history.
For more information log onto centralmichiganlawyer.com click on blog link and type in your query in the search engine for articles on all the above issues.
Mt .Pleasant Lawyer Todd Levitt can be reached for a f