Can a person be kicked out of the group therapy/alcohol meeting if she refused to participate in a fellowship group?
Asked on Nov 04th, 2013 on Criminal Law - Michigan
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My girlfriend was just sentenced to three years misdemeanor probation for an assault charge. She is being forced to go to a group therapy/ alcohol meeting three times a week at the social services building which is not really the problem, except that this group is requiring her participation in fellowship group, even though she objects on the fact that she is an atheist and therefore cannot complete the fellowship group. If she does not complete fellowship group, she will be kicked out of the group that probation is requiring her to attend, resulting in a possible revocation of probation and jail time. She is clearly not an alcoholic by any means. There appear to be no secular options available and I believe that this violates the establishment clause, as the fellowship group is clearly a religious group and the government is forcing her participation, even though she objects on religious grounds. I have read several case law holdings, Including Inouye V Kemna, Warner v. Orange County Department of Probation, and many others. If no other secular option is offered, can my girlfriend refuse A.A ? If she is kicked out of the therapy/ alcohol group because of this, can her probation be legally violated or or her sentence modified?
Probation is an act of grace, a means of avoiding jail. You did not have to accept probation as you could have always accepted a jail sentence. But if the judge sentences you to probation and you accept it, then you have to fulfill those terms or else run the risk of getting violated. The Court is not forcing you as you always have a choice not to accept probation. Those are some things you should have considered before you accepted a plea or were sentenced.
Interesting question and two edged sword. If she cannot fully participate in AA on religious grounds the matter should be taken to the judge who may chose to modify the sentence, which could involve jail as opposed to probation as one alternative.
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