Grand Blanc, MI asked in Arbitration / Mediation Law, Criminal Law and Appeals / Appellate Law for Michigan

Q: Is it possible to get a chance at bootcamp or the second alternative incarceration if this is the 2nd time in prison

The first time in prison he had gun charges so he had to serve an automatic 5 years and therefore disqualified him. This is his 2nd time going to prison. His home was raided and a half gram of meth was found, they were going to charge him with 56gm because they count the weight of everything with the Meth. I.e scales baggies etc. he got drug court but he messed it up so he was resentenced, judge gave him 3 years for the possession & he has other charges which he got a year for. He’s now in quarantine in Jackson. Is there any hope for SAI or reduction of 3yr possession sentence. High hopes!! Thanks

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: By the way you ended your question, it sounds like you also have a realistic sense of the outcome. MDOC policy says that only first-time prisoners are eligible for SAI consideration. But policy is not law. And ultimately, it's MDOC's call. I would say for your well-being, you can always hope, but by policy he likely will not get it.

Your second question is a bit more complex. First, regardless of what he says or hears about in prison, there is no such thing as a "time cut". Think about it: Only a judge - the same judge who just issued that sentence - can change a sentence and only under limited circumstances. Presumably, the judge knew and considered all information he or she felt relevant in determining that sentence, and so you'd need a pretty strong argument and reason to change their opinion. It would have to be something of the sort that causes the judge to think "wow! If I would have known that, I would have given a different sentence."

The details you shared are understandably limited, but to be frank, second time in prison after gun charges and now with meth, while in drug court...three years is likely well within sentence guidelines for meth and may even be on the low-end of things. Not saying he got off easy, but it could have been worse.

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