Huge Sentence

[bug58]

What is the name of your state? Michigan
My friend was sentenced today - very heavily - plea bargained down to attempted resisting arrest - is 36 years old and has not ever been in any trouble - what he did is puff up his chest and swear at a cop. So his sentence was $120 fine, 40 hours community service (all reasonable but get this) he must attend AA 3 times a week for 6 months and also meet with CFS (?) one hour a week for 6 months. He was never tested for alcohol, although he had had a couple of drinks (he was at an outdoor concert where beer was sold).
Is there anything he can do about the unreasonableness of the sentence? How can they require him to go to AA when he wasn't even tested for alcohol???

 

[DogToenails]

AA is not required. Its just an option and he should be grateful the state gave him that option. The alternative is the slammer. I'd choose AA if I were him.

 

[bug58]

huge sentence

He was not arrested for any alcohol offense - never given a breatholizer or blood test - was not "drunk" and disorderly - but attempted resisting arrest due to the severity of the arresting officers manner of handcuffing (i.e. he flintched when they tighten the cuffs so hard he had visible marks for days!)

 

[calatty]

If there really was no alcohol at all involved, then he should appeal and raise as an issue the unreasonable probation condition.

 

[bug58]

huge sentence

He had a drink - it was at an outdoor concert where alcohol was sold - however he was not charge with any alcohol offense - the report said he smelled of alcohol - which yes he did - but he wasn't legally drunk and was never tested to determine so. He was told today that he can not appeal his sentence - maybe because he pled guilty to a lesser charge than the original charge??