As long as there has been a law regulating the "alcoholic beverage traffic within this state", being a "minor in possession" (MIP) has not been a jailable offense. Rather, Michigan law (currently codified in section 703 of the Michigan liquor control code, MCL 436.1703) has long authorized only a fine for MIP: 1^st offense, $100; 2^nd offense, $200; and 3^rd offense, $500 (plus, of course, a generous dose of court costs, and a possible requirement for evaluation / treatment). The kid gloves are about to come off (sort of ).

A recent amendment to MCL 436.1703, effective September 1, 2004, authorizes a minor’s imprisonment for not more than 30 days for a second offense (60 days for a third or subsequent offense) BUT ONLY IF they fail to (a) comply with an order of probation, (b) complete treatment, (c) complete community service, or (d) pay any fine for that conviction.

In this regard, the statutory amendment also authorizes the court to defer sentencing (one time) for MIP 1^st and place the defendant on probation, and dismiss the proceedings upon fulfillment of the terms and conditions of probation.

So, although (come September 2004) a MIP defendant may well continue to walk away with no jail at sentencing (or even a deferred sentence in the case of a 1^st offense), they now risk jail time if they don’t subsequently walk the line.

The new waiver of arraignment form was introduced in the May 2004 edition of The Summons, and is available in the Forms section of the district court website at www.saginawcounty.com/DistrictCourt. And (first giving credit to Judge Boyd’s exceptional computer talents), the form may now be filled out online by tabbing through the document and then printed for signing / filing. However, as user-friendly as this method of arraignment is intended to be, the need to comply with the fingerprinting requirement (for offenses carrying a maximum penalty in excess of 92 days) cannot be overemphasized. In order to avoid the court’s wrath (and possible discontinuance of this accommodation), the court must be provided with a self-addressed stamped return envelope and, upon receipt of an Order for Fingerprints, the defendant must present themselves for fingerprinting at the Saginaw County Sheriff Department.