What can I do if I am being sentenced but am pregnant?

Question

I am being sentenced on two felony theft charges for $75,000. I am 8 months pregnant. I have no record and have never been in trouble before. I have no family and two other children.  Can I get probation? My children have no one but me.

Jacob P. Sartz · Answer

Speaking generally, felony sentences in Michigan involve two key components; judicial discretion (i.e., what the judge can do) and the applicable sentencing guidelines (a series of laws which provide guidance for an appropriate sentence). Judges need a substantial and compelling basis to depart from the suggested sentencing guidelines. The probation department scores the guidelines in a pre-sentence report, as should the defense attorney and prosecutor of record for the given case. If the scores are favorable, people convicted of felonies may not serve any jail time and just serve some probation. However, it's a matter of judicial discretion.   In some instances, a sentencing may be adjourned if the defendant has "good cause." Medical emergencies, family emergencies, scheduling conflicts, or other sorts of issues may be "good cause," and allow a court to adjourn a matter.

Riana Durrett · Answer

This would definitely be a relevant factor at sentencing. If you're facing felony charges then you must have an attorney, make sure your attorney has this information.

Jared Altman · Answer

Yes. You may get probation.

Jules N. Fiani · Answer

The jail will accommodate you while you are pregnant.

Stephen Freeborn · Answer

In general, the fact that you are pregnant, or have children, has little or no bearing, otherwise any single mother of children, or pregnant woman, would never be convicted of a crime and never go to jail.  The fact that you stole $75,000, I would guess, based upon the amount, was something you did over a period of time.  This is not favorable to you.  The judge may not be at  all sympathetic, but, if you have no other history, there is the possibility that a judge could suspend all jail time.  It is entirely up to the judge and the particular facts of your case.

Peter Duarte · Answer

I will assume you have an attorney and have already plead to the charge. You need to talk to your attorney. She will know how to inform the court of your pregnancy and your situation. Additionally, you must have discussed your situation in your pre-sentence report when you spoke to the probation officer who prepares the report for the judge who will sentence you.

Cindy L. Barton-Coombs · Answer

Did you plead to these charges without an attorney? I don't want to go against anything your attorney may have told you. I don't know if you are in state or federal court. If it is federal court there may be sentencing mandates that the judge has to follow. If state court, there will be a presentence report done and recommendations made to the court. The prosecutor and your attorney will both be heard at a sentencing hearing. You will also have a chance to speak. You did not say what degree of charge you plead to, but it is possible that the judge will sentence you to jail time, or probation. I would make arrangements so that your children have someone to care for them if you go to jail. The court will usually allow you to deliver your baby before serving a sentence.

Jonathan Willett · Answer

Hello-  It is possible to receive probation under the circumstances, but you need to work closely witha good lawyer.

Craig Elhart · Answer

Your sentence will be determined by the court after reviewing the pre-sentence investigation report.  The fact that you are pregnant will be taken into consideration but that alone will not necessarily keep you out of jail or prison.  You should speak with your attorney and determine what your likely sentence will be so that you can make necessary arrangements before hand.

Samuel H. Harrison · Answer

I think your chances of probation instead of jail are pretty good. For most non-violent or less serious charges, judges prefer probationover jail. Another fact in your favor is that judges like to see defendant pay restitution.

Jared Austin · Answer

If you have no priors, it's possible to get probation but it would depend on what the crime is. Your attorney should be able to give you a better answer as he is more familiar with your case, the judge, etc. Your PSI should tell you when that comes back. Do you know what your scoring guidelines are? They may be able to make some accommodations for you if you are pregnant while in jail. Your lawyer should be able to help you with that.

Dennis Roberts · Answer

You better have a good lawyer or agood public defender as there are a lot  ofwomen who have their babies in prison and then the baby is taken away and  given to CPS or to a relative who agrees to take the kid.For a$75K theft it  will be hard to convince a judge to give you probation. These are heartless  bastards. They will lock you up and put your children now with CPS and fuck the  up for life.

Jeff Yeh · Answer

Sentencing and probation is granted/denied on a case by case basis. Your best bet is to hire a good lawyer. In felony sentencing the attorney's ability to present mitigating factors via a motion for probation is very important.

Kathryn Hudson · Answer

By sentenced does that mean you have already entered a guilty plea or been found guilty? If you have no prior felony ask the court if you can be sentenced under the First Time Offender's Act which is Act 346. Under 346 you can be sentenced to probation and if you complete probation your case can be expunged. If you have a prior felony ask to be sentenced under Act 531 that allows for one prior felony not of a violent nature or distributing drugs to a minor.

Maureen Baldwin · Answer

If you have pled guilty on a theft of that much money, i expect you have an attorney whether it is a private attorney or a Public Defender. In addition, your probation report will carry personal data such as marital status, number of children and health issues, as well as the fact that this is your first offense. It is the job of your attorney to try to get you a sentence that will not deprive your children of their mother. However, there are plenty of mothers in jail and plenty of grandmothers, aunts and Dads raising children while mom is locked up. If you are about to give birth, it is likely the court will postpone any jail sentence you may have to serve until you have had your child and things have stabilized. You really need to talk to your attorney about this because i would be surprised if an atty allowed an 8 mos pregnant woman to plead guilty without discussing sentencing with the judge and the DA. That is their job

Theodore W. Robinson · Answer

You may have a chance of getting straight probation, but that will depend upon  the Judge and the pre-sentencing report. It may also be because of your  children and the fact that you're pregnant. Of course, I don't know  yourbackground or how the money was stolen, so that may also play a role in the  situation. However, one thing is clear, the mere fact that you're pregnant will  not stop the Court from punishing you. If you are sentenced to jail, your  children will likely end up in foster care until you finish your sentence. Good luck.

Michael J. Breczinski · Answer

I suspect that the presentence report will talk about your pregnancy and your attonrey will address it as part of why you should get probation rather than go to prison.  You need a good attorney.

Mark R. Thiessen · Answer

Depends on the charges and the court.  You need to retain counsel asap or you will have that baby in jail and the State will be in charge of placing your child with family or foster care.  Lawyer up immediately.

Harley Gutin · Answer

You can get probation if restitution is a big factor for the alleged victim.  The Judge can downward depart based on the need to pay restitution and the desire on the part of the victim to be paid back.  There are other factors that can come into play including the fact that your pregnant.  It all depends on the Judge, the State and the victim's attitude.

Eric Sterkenburg · Answer

The correction facilities have lots of women in them that are about to give birth. They also have women that are single parents with children outside. Your condition with the upcoming baby and the other children are mitigating factors, however, that alone is not enough to get you probation of this case.

Carina Laguzzi · Answer

Talk to your attorney but its definitely a strong argument to keep you out   of jail.  They could elect to give you house arrest instead of a jail   sentence.

Michael Palumbo · Answer

I am in no position to state an opinion on this; you obviously went to trial or took a plea. Therefore, you had counsel. You need to discuss your options with your attorney.

Cynthia Henley · Answer

You have a lawyer if you are the point of going to sentencing. Your lawyer is in the best position to give you advice and make guesstimates about the outcome. There is no way for a lawyer to just guess about the outcome of case without knowing the allegations, the facts, the judge, the prosecutor, the sentiment of the complainants, etc.  I would simply say that paying restitution, or as much as possible up front, and providing proof that you will be able to continue to pay restitution if given probation, is enticing to a judge who wants to make the complainants whole.

Joseph Dane · Answer

I can only assume that on felony charges, you are represented by an attorney.  These particular questions are best answered by them, as they have access to your case and can represent you with the prosecutor and court to determine what, if any, time you will serve and how you will serve it (house arrest, etc).  You may want to discuss with them any impact the new sentencing laws that go into effect October first will have on your case.

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What can I do if I am being sentenced but am pregnant?

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