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7/27/2011 10:03 AM PDT BY TMZ STAFF


Jalen Rose's lawyer is LASHING OUT at the Michigan judge who just sentenced the former NBA star to serve 20 days in jail for his March DUI ... claiming the sentence is an "abuse of discretion."

Attorney Keith Davidson tells TMZ, "The 20-day jail sentence issued today by this Michigan judge is outrageous."

He adds, "Today we saw a horrendous example of judicial temperament and discretion."

Davidson insists Jalen is a "model citizen who has personally donated millions to charity, established inner city charter schools and a medical center in the Congo" and most importantly ... "has NO PRIOR criminal record."

Davidson adds, "[Jalen] was the victim of abuse of discretion; lack of proportionality in sentencing; legislating from the bench & instituting illegal minimum mandatory sentences for DUIs in violation of law. "

"Mr. Rose is examining all of his legal options based on today's events."

Relevant Fun Fact: In Michigan, there's NO minimum jail requirement for first time DUI offenders.

For more sports stories, check out tmzsports.com!

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RJ Hunt    

STFU...Jalen and take you punishment like a man...20 Days is nothing...

1149 days ago


I would expect the same sentence that non-clebrities get who are first time offenders so he may or may not have an issue to raise.

As an aside, you Americans are almost psychotic in your desire to incarcerate people for just about anything. It is why you have a vastlly higher portion of your population in jail than any other civilized country. As well it costs you hundreds of billions of dollars to feed the prison/industrial complex.

1149 days ago


this is a double standard. LILO is more a danger than this guy. He's a model citizen never been in trouble. THat should go to LILO

1149 days ago

Zippy T. Pinhead    

I live in Michigan and there has been a lot of radio talk in recent days about this female judge. She is a hanging judge that has no pity for anyone that comes before her for DUI. They say she has sentenced every person that has come before her to jail time. But the twist is that her own daughter got a DUI and the judge accompanied her to the sentencing and amazingly she got probation with no jail time!

1149 days ago


Jalen, You grew up near here, You know how tough Oakland County is toward drunk driving ......& anyway, Isiah & the Knicks gave you $15,000,000 for your last year of service in the NBA, for some strange reason Isiah Thomas wanted to way overpay you when you were ready for retirement,..& ESPN gave a cushy job w/great pay for all the years you want,....I mean really, set a good example for kids & say you deserve it, etc....., do you have anything really to complain about?.......& Your in good standing w/ U - M again,...count your blessings....)))

1149 days ago


Without knowing the average number of days this judge gives for a DUI this story makes no sense. If for instance the average she gives is 5 days then he got screwed if it is 20 then he got exactly what everyone else gets from this judge.

Should a first offense DUI result in jail time? Hell yes!!!
That should be the standard sentence for all DUI convictions. The legislature should set the minimum and maximum amount of jail time so that everyone convicted will get about the same.
A lot of states have sentence accountability rules and the judges have to live within those guidelines.

1149 days ago


for once i agree with the lawyer.this judge gas a reputation for doing this

1149 days ago

Michael Gallo    

i live in West Bloomfield the town Jalen got the DUI and Judge Smalls is a complete bitch. i got 18 months probation and daily breathalyzers for 60 days(5 dollars each time) had to attend group meetings, and call everyday to see if my color was called to drug test..............FOR AN MIP WHEN I WAS 19 AND BLEW A .04

1149 days ago


He should have gotten more time than that as well as a big ass fine and community service in the schools to talk about drinking and driving but I guess this former NBA star would be above doing that.

1149 days ago


I guess his lawyer is miffed that if Jalen has got no previous DUI he's getting a sentence and not a fine or community service - unlike Pari******on and LiLo who got longer sentences, spent a few hours in jail and fines/community service before swanning off after about 3 DUI's hm?! Even Kiefer Sutherland who did his jail time with no problem had had more than 1 DUI!
If it was you or me in the street, after a first time DUI in most states it would just be charged on your record and you'd get a fine, then after 3rd DUI automatic jail time! Normally celebs get off easy, but a first time DUI and 20 days in jail - it sounds more like the Judge was trying to send a message via a celeb!!
Me, I'm normally the one pushing for the celebs to do their time and quit whining, I'm normally the one moaning that they spend less time in jail than even half of the sentence! It does seem strange that the 20 day sentence Jalen got for 1 DUI is only 10 days short of either LiLo's or Paris's sentence for 3 DUI'S!!

Nobody does a full sentence anyway unless no parole, the jails are just too over crowded! If this was any normal person's sentence they'd be out in 10 days anyway, unless ordered by the Judge to serve the full term!

Not condoning ANY DUI btw, getting behind the wheel of a car after drinking is insane and dangerous not just to you but everyone else on the road, possibly killing either yourself or an innocent victim.

1149 days ago


Someone needs to clue in Keith Davidson that getting behind the wheel while under the influence is not being a model citizen. He has nerve saying that his client's 20 jail sentence is outrageous and abuse of discretion (clearly he believed that his client was going to get the celeb treatment by the Judge). He needs to take a trip to the morgue along with his client to see first hand the conquences of drunk driving.

1149 days ago


Mr. Rose.... is going to jail, period. Next time J, get a better lawyer who is connected if you catch my drift. Heard any good Duke lawyer jokes lately?

1149 days ago


I guess he's not that big of a star because he has to go to jail. Should have got caught in California and he would have gotten a free pass

1149 days ago

FL lawyer    

The law should be applied equally, evenly, and fairly to every individual - regardless of social, economic, or celebrity status. If this happened to one of my clients, I would be enraged too!

1149 days ago


Khabibulin accepts 30 days in Ariz. DUI case

1148 days ago
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