Can you use a public defender for an MIP?

"I heard that you can't get a public defender for misdemeanors". That would be false. Any time a potential penalty is jail/prison, a person is entitled to a public defender if the person meets the requirements for a public defender. The main requirement is that the person's income is below a certain amount. The amount is local to where the court is. Most college students likely qualifies for a public defender. The incomes of the student's parents do not count in qualifying the student's eligibility for a public defender. You should contact the court hearing your case. The persons at the court will have information on how you can contact the office at which you can apply for a public defender.

You can absolutely get a public defender for an MIP. I used to be a public defender in Whatcom County and I handled hundreds of them. So, you first move should be to apply for a public defender. Next you should take a look at hiring a private attorney. Times are hard for everyone these days and most private attorneys are now offering payment plans to compensate for the overall lack of expendable income these days. They also offer free consultations so it doesn't cost you anything to talk to a lawyer about your case and get some advice from several experienced attorneys if you like. Now about your charge. They can prove an MIP two ways. One is by showing that you were underage and were in actual possession of alcohol. The second is by being in a public place and exhibiting the effects of having consumed alcohol. This is generally referred to as Minor in Possession by Consumption. They have to demonstrate more than just an odor of alcohol but some type of physical effect. This is most likely what they are charging you with. If this is a first offense then most likely the prosecution will go easy on you. Some jurisdictions offer a deferral program where you jump through some hoops and stay out of trouble for awhile and they agree to dismiss. If you want to be proactive and try to help yourself out I would suggest that you schedule and complete an Alcohol Evaluation and an ADIS class (Alcohol Drug Information School). This will show the prosecution that you are taking this matter seriously and can help demonstrate that you don't have a significant alcohol problem. These two things would most likely be a part of any deferral or resolution of your case so getting them done early can only help.