Frequently Asked Questions
1. Who do I need to talk to about my MIP?If you are 17 years of age or older, you need to talk to the MIP secretary of the Greene County Prosecutor's Office (417-829-6355). Citations and reports are sent by law enforcement agencies directly to the Greene County Prosecutor’s Office. The Greene County Prosecutor’s Office has received grant money to employ a legal secretary who handles underage drinking and youth tobacco offenses. These offenses include: Minor in Possession of Intoxicants (MIP), Fictitious Identification, Altered Identification, and Representing the Identification of Another. Citations for Supplying Alcohol to Minors are handled by the traffic division of the prosecutor’s office (868-4123).
2. I got an MIP, what happens now?
When a ticket or report is submitted to the Greene County Prosecutor’s Office:
1. A background check is done to see if the offender has any prior drug or alcohol violations
* If the person has ANY prior drug or alcohol offenses, charges are filed against them in the current case. (Prior offenses are considered any prior contact with law enforcement for a drug or alcohol related offense, and are not limited to convictions.) *See questions 8-15*
*If the person has no priors, they are eligible for the diversion program and a letter is sent to the address on the ticket outlining the parameters of the program.
*EXCEPTION* If a person is eligible for the diversion program and is a witness in a case involving supplying alcohol to minors, charges are filed and will be dismissed pending: 1) truthful testimony against the defendant in the supplying case, and 2) completion of the diversion class.
2. If the person is offered the diversion program, their ticket and report is set aside according to their class completion deadline. *See question 16*
*Once a completion certificate from the class is received, charges are declined and the case is closed out in our computer system. Once this happens there is no public record of the offense, however, the prosecutor’s office will have this offense on record as a prior contact. If a future underage drinking offense occurs, charges will be filed immediately. (See questions 8-15)
*If the class is not completed at the end of the 120 day period, charges are filed.
3. I don’t live in Springfield, can I take the class somewhere else?
Unfortunately, this particular program is only offered in Springfield and was developed specifically with our goals in mind. We feel that these classes address specific issues which are neglected in other programs. Due to this, we feel that it is important that you attend the class here in Springfield. Essentially, we are offering you the opportunity to avoid criminal prosecution in exchange for participation in our diversion program, and we have to support our program providers who offer these classes specifically for our needs. We have many people who live three or four hours away and cannot accept the inconvenience of the class location as an excuse for failure to participate in our diversion program. You may choose not to take the class, in which case charges will be filed against you and you will need to appear in court.
4. When will I get the letter?
If you are eligible for the diversion program, your letter will be mailed to you as quickly as possible. Before a letter can be mailed, a background check must be completed and the case must be entered into our computer system. Due to the high volume of tickets received daily, the time that this process takes can vary. Our goal is to get the letters out within two to three weeks of the offense date, but this is not always possible. If it has been 30 days since the incident occurred and you would like to know the status of your case, call the MIP secretary at 829-6355.
5. Where do I sign up for the class?
The same class is offered by three different agencies. You must contact your assigned agency directly in order to register for the class. Your letter will list the agency that you should contact. The same class is offered by two different agencies. FOMAP is offered by Community Alcohol and Drug Program (CADP). The CADP offices are located at 939-D Boonville Ave, Springfield, Missouri, 65802. The phone number is (417) 863-6111.
MAP is offered by the Safety Council of the Ozarks. Safety Council’s offices are located at 1111 S. Glenstone., Springfield, Missouri, 65804 and their telephone number is (417) 869-2121.
Both the AMAP and ADAPT programs are offered by Alternatives. They may be contacted at (417) 883-7227, and are located at 5337-F South Campbell; Springfield, Missouri, 65810.
6. When are the classes?
Each class is held on one Saturday per month. Contact the agency directly to find out the class schedule. They will tell you when the next available class is offered. The classes tend to fill up quickly, so you are encouraged to register immediately in order to secure your place in a class.
7. The address on my ticket is incorrect. What do I need to do?
If charges have not yet been filed against you, notify the prosecutor’s office (829-6355) of your new address. If charges have already been filed, notify both the prosecutor’s office and the Associate Circuit Clerk’s office (868-4110) of your new address.
8. How do I find out if charges have been filed against me?
You can access the court computer online at www.greenecountymo.org, click on “Circuit Court”, then search for a “General Index” by name. You may also call the Associate Circuit Clerk’s office at 868-4110.
9. If charges are filed against me, can I just mail in a fine?
No. Minor in Possession of Intoxicants (MIP), Fictitious Identification, Altered Identification, and Representing the Identification of Another are all misdemeanor criminal charges. Because the offense is a class A misdemeanor (and not an infraction) a court appearance is necessary.
10. What is the penalty for an underage drinking offense once charges have been filed?
A class A misdemeanor is punishable by up to one year in jail and up to a $1,000 fine. For a second offense, our office recommends 2 years of unsupervised probation; a $500 fine ($250 of which is suspended pending the probationary period); a 30 day jail sentence (which is suspended pending the probationary period); and an 8 week alcohol education program (involving 2 ? hours per week). For a third offense, our office recommends 2 years of supervised probation; a $500 fine; a 90 day suspended jail sentence; and a 16 week alcohol education program (involving 2 ? hours per week).
11. Do I need to appear in court on the court date on my ticket?
If there is a court date written on your ticket, you need to appear only if charges have been filed against you before that date. If charges are filed against you after the court date on the ticket, the Associate Circuit Clerk’s office will issue you a new court date. A summons notifying you of that court date will be mailed to the address on the ticket. (See question 8)
12. What happens if I don’t show up for a court date?
If you fail to appear in court when you are supposed to, a warrant for your arrest will be issued.
13. A warrant was issued for my arrest because I missed a court date. What do I do?
Only a judge can have a warrant recalled. You need to appear in court on a weekday at 9:00 A.M. and ask the judge to recall the warrant and let you take care of your case.
14. I need a new court date, what do I do?
If you absolutely cannot appear in court on your court date, you may appear early. (See question 12) You should come to court on a weekday at 9:00 A.M. and ask the prosecutor in court if you can appear on your case early. They should be able to have your file sent up to the courtroom and speak with you about your case. Because you will not be on the docket, you will have to wait until they can work you in.
15. Do I need a lawyer?
The prosecutor’s office and its employees are not allowed to give legal advice. You may wish to consult an attorney about your case and you always have the right to do so. You also always have the right to a trial, in which we must prove our charge against you beyond a reasonable doubt. It should be noted that an attorney cannot enter their appearance as your attorney until charges have been filed, and will therefore not have access to any police reports or other discoverable information.
16. Is taking the class the same thing as pleading guilty?
No. By taking advantage of our diversion program you are opting to not have charges filed against you for this incident. Because charges will not be filed, you will not have to plead guilty or not guilty. You will not be on probation or have the chance of a conviction because you will never appear in court for this offense. Because you will not be charged in this matter, you will not have to pay court costs or fines. The only thing you will have to pay is the fee to take the class, which is $100. It should be noted that you will only have the opportunity to participate in this diversion program for an underage drinking offense if this is your first drug or alcohol contact. You cannot “save up your chance to take the class” for a future offense. Once charges have been filed for failure to complete the diversion program, you will not be given another chance to do so.
17. For additional educational information click here www.nounderagedrinking.com
RECENT CHANGES TO MISSOURI'S UNDERAGE DRINKING LAWS
Senate Bill 402, which takes effect August 28, 2005, made several changes to the underage drinking statutes in Missouri. Among the most noted changes are those to RSMo 311.325 and 311.310.
Statute 311.325 now reads (in part): "Any person under the age of twenty-one years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in section 311.020 or who is visibly intoxicated as defined in section 577.001, RSMo, or has a detectable blood alcohol content of more than two-hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a misdemeanor."
Statute 311.310 now includes wording pertaining to parties on private property: "Any owner, occupant, or other person or legal entity with a lawful right to the use and enjoyment of any property, except for a parent or guardian, who knowingly allows any person under the age of twenty-one years to consume intoxicating liquor on such property, or knowingly fails to stop any person under the age of twenty-one years from consuming intoxicating liquor on such property shall be deemed guilty of a class B misdemeanor."
The totality of Senate Bill 402 can be found at: http://www.senate.mo.gov/05info/billtext/tat/SB402.htm