Legal Question in Criminal Law in Michigan

Re: Sentenced too much time for the crime

Your message covers a lot of topics, so my answer may have to continue on to a second response.

1. You said that a 14 year old girl shoved your friend's hand down her pants, and then she performed oral sex on him. Criminal Sexual Conduct (CSC) with minor victims (under 16 years old) makes any claim of "consent" irrelevant. In your friend's case, a 14 year old cannot consent to sex ... and an adult had a duty to make sure how old the other person is. Michigan does not recognize a legal defense of "she looked old enough" or "she didn't tell me how old she was" or even "she lied about her age". As an adult, your friend took a risk by having sex with this stranger. That may seem to be a harsh law, but it's the law in most jurisdictions that have age-based CSC laws.

That said, DAs/Prosecutors have discretion to reduce charges if circumstances make is just and proper. Sometimes, a DA might reduce the charge to a lower level of CSC because of the minor victim's conduct. It's discretionary, not required.

2. You blame the "cops" for getting your friend to plead guilty, thinking he'd just get jail time. You even said the police "promised" this sentence. I truly doubt that that happened. Even if the cops said something about a possible sentence, a cop cannot bind the DA to a certain plea bargin, and cannot bind the judge to a sentence. That's been the law in Michigan for a long time. At the plea, the judge must have asked your friend if anyone promised him anything in order to get him to plead guilty. Did he even mention this "cop promise"?!? Probably not.

3. Sentences on felonies in Michigan factor in "sentencing guidelines", which look at both prior records and the circumstances of the crime. Some crimes (assaults) are punished more harshly than other categories of crimes (thefts). Prison time on CSCs is the norm, not the exception, even if the defendant has no prior record.

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CONTINUED ON ANOTHER RESPONSE !

Re: Sentenced too much time for the crime

CONTINUATION OF EARLIER RESPONSE:

4. You make no mention of your friend's attorney. I'm sure he had one. What was his/her advice re: pleading guilty? Had he calculated the sentencing guidelines? Had he met with the judge and DA beforehand to get a forecast of the likely sentence (called a Cobbs hearing)?

5. You complained about an aggressive DA, and wanting your friend "re-tried" or "resentenced" because of that. The DA represents the community, and most folks in the community abhor adults having sex with kids. So what DA is NOT "completely biased against sex offenders"? If I meet one, I'm sure that that DA's never going to be re-elected.

The JUDGE imposes sentences, not the DA. Was the judge biased, too?!?

Your friend's chances of successfully appealing the sentence will have to focus on whether the judge incorrectly scored the sentencing guidelines, or improperly exceeded the guidelines (went above the recommendations without good reasons). If he was sentenced within the range recommended by the guidelines, his chances of a resentence are very slim.

I hope that my answers help you understand the situation better.