In criminal sentencing, judges exercise discretion to balance accountability with rehabilitation, particularly for defendants with complex personal circumstances such as addiction, mental health challenges, and family responsibilities. The judge in this case imposed community control with strict conditions (no drugs/alcohol, IOP program completion, mental health treatment, AA/NA meetings) while deferring jail time contingent on compliance, demonstrating that effective sentencing requires both consequences and pathways to recovery.
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PREGNANT WOMAN Breaks Down in Court — Judge Gives One Final Warning追加:
and I take care of her full-time. My son has a heart deficiency that I'm currently pregnant with. My minor at home only has me, and I just ask that you consider them in my sentencing.
All right. So, how'd you get involved with with this offense?
Your honor, I was planning to use with the woman that was deceased.
Okay. I was planning to take her money and use with her before I knew she was deceased.
All right. So, how long had you been doing that?
As an adult, since I was 18, Your Honor.
>> before that?
A few years, Your Honor. I was an inpatient when I was 15 to treat my addiction. Okay.
So, when's the last time you used anything?
Prior to my pregnancy, Your Honor.
So, how is how [clears throat] is all this going to change?
I understand that this can't happen again, Your Honor, for the sake of my family.
What what about for the sake of you?
Of course, for the sake of me. I'm the one my family depends on.
So, what about your husband?
Where is he right now?
He's incarcerated in Lake County, Your Honor.
So, what what's what's he going to do?
What's going on with him? He's getting his GED as terms of his probation, and he will be promoted at his job once he receives his GED, and he plans to take care of me and my family.
>> Where does he work?
R&R Auto Body.
What does he do?
He's a detailer, Your Honor.
What what are you going to do employment-wise?
Whatever is going to hire me pregnant, Your Honor.
Okay.
Well, in the past, you've worked in in bars, right?
Yes, Your Honor. Okay.
That's not my plan. All right. Didn't I see somewhere in here that you were attending bartending school or something like that?
Yes, your honor. As a mixologist, not as a bartender. I don't plan to be a bartender. What's a What What does a mixologist do versus a bartender?
It's a more higher skill certificate as like I wouldn't be afraid to as a bartender, I'd be afraid to as a mixologist in maybe a hotel setting of a fancy like Ritz-Carlton, your honor.
>> All right.
You got You Do Do you realize that you got to stay away from alcohol?
Yes, your honor.
Alcohol has never been my substance choice. It's always been cocaine. Okay.
Well, so did you ever drink?
Yes, your honor. Working in the club scene, I've been offered drinks by customers that I accepted.
>> Isn't that what led you into the drugs?
I would say the stripping setting in the exotic dancing setting is what led me into drugs. All right.
How old are you now? 21, your honor.
>> 21.
And you know, you've lived like in those 21 years or a substantial part of those 21 years lived a bad lifetime, right? I would agree, your honor. All right.
Where are you getting uh mental health treatment?
I'm getting mental health treatment at University Hospitals and The Centers, your honor. All right. Where is The Centers? Gordon Square, your honor.
And who do you see at UH? I see Eric Reed and Jamie Huckins-Barker, your honor. And what are they What jobs do they have? Psychiatric and counseling, your honor. So, one of them's psychiatrist? Correct, your honor. Is that where you get your medication? Yes, your honor. What medication?
Lamictal, Abilify, and Cymbalta, your honor. And what are What are those treating? What conditions?
Schizophrenia, anger management, PTSD, depression, and anxiety, and OCD, Your Honor. All right.
What uh are you taking that medication currently? Yes, Your Honor.
And does your your uh doctor that's handling the pregnancy, does your doctor know that? Yes, Your Honor.
And who's the other one you see at UH?
Jamie Hucking Parker. What do you see Jamie for? She's my counselor, my therapist.
>> do you see her? Every 2 weeks, Your Honor. How long have you been going to UH for this?
Uh prior to my first pregnancy, so I would say about almost 3 years, Your Honor. Okay.
And what do you do at the centers?
IOP, Your Honor.
When did you start that?
My assessment, I scheduled it as soon as I got um incarcerated and saw you, Your Honor, but they did not have availability to squeeze me in until the 19th of this month.
And what's the program going to entail there?
It's intensive outpatient treatment for drug users. All right. And what what what kind of frequency?
I'm assuming every 2 weeks.
One session every 2 weeks?
Yes, Your Honor. It doesn't sound like an IOP.
I did not ask the frequency. They told me to call my insurance to see what they cover, Your Honor.
When I was a juvenile, I went twice a week, so I'm hoping that's the outcome.
All right. So, were you using the uh Were you using the cocaine while you were on the mental health meds? Yes, Your Honor.
>> What what of effect did that have on you?
My mental health meds are sedatives, so if anything I would say the cocaine reversed them. How do you know that?
My psychiatrist told me my medications are sedatives, yeah. Reverse the effect of your mental health meds? Yes, Your Honor. Isn't that kind of a disaster?
Yes, Your Honor. Okay.
Did you did you realize that the use of cocaine when you were on your mental health meds would negate the effect of your mental health meds? Yes, Your Honor. Okay. But you didn't stop, right?
Correct, Your Honor. Okay.
So what makes me believe you're going to stop now?
I'm pregnant, Your Honor, with two children and I take care of my in-laws as I said previously. When this was going on you had one child, right?
Yes, I did not have my child at night time and that's when I would use. Okay.
All right, anything else you want to say?
No, thank you, Your Honor. All right.
Let's uh Alesha. Thank you, Your Honor.
The state is recommending community control sanctions in this case. We would ask for a period of local incarceration including jail treatment program. The defendant does have a criminal history which includes uh receiving stolen property as a juvenile where she was ordered to obtain a drug and alcohol assessment, mental health assessment, and uh follow those recommendations.
But more importantly as an adult in 2023, she was convicted of carrying concealed weapons and possession of drugs. Um those were both reduced from felonies and in that case she was ordered to also obtain a substance use evaluation and aftercare. Despite that offense, uh she reoffended committing a a similar offense here. At least on both occasions we can say she was um using or possessing drugs and was in a car with a firearm.
Um so despite that previous conviction and attempt at rehabilitation, it was unsuccessful cuz she did it again.
This is a serious offense and for that there needs to be consequences and even though you know, I know she asked this court to show mercy because of her child and family obligations.
I think it's unfair for this court that because she wasn't thinking of her child and her family when she committed these offenses. So we do feel a period of local incarceration is appropriate. She has credit for two days.
As the pregnant woman breaks down, the entire courtroom falls silent.
Even the judge can't hold back his emotions.
How much uh You served two days on this case. How much time have you served in jail on other cases?
One day, Your Honor.
Where was that? In Miller Municipal. I was overnight there, Your Honor. Uh on any other cases you spent time in jail?
No, Your Honor. What about when you were a juvenile in detention? No, Your Honor.
>> Okay.
All right, have a seat.
>> [clears throat] >> All right, I've got I have uh reviewed the pre-sentence report as well as the psychiatric psychological evaluation.
I have uh considered all the provisions in 29 29 11 12 and 13. I reviewed the sentencing memorandum that was filed in your support, listened to you, listened to counsel.
You are at a in a very precarious situation right now.
You've done a lot of damage to yourself over the years with uh with the drugs and with your lifestyle.
And uh if you do what you're supposed to do, you can live another 65 years in good health if you want.
You have been either unable or unwilling to stop in the past.
Could be either one of those, it could be a combination of both.
But it it's plainly obvious to me that if you don't you get back to this, you're not you're not going to last.
Now, how you managed to avoid the fentanyl poison through all your use while this was going on is beyond me as most people don't escape that.
But the bottom line is you got to figure out how you're going to live.
Cuz if you don't, you're going to die.
I'm going to place you on community control for 4 years.
For the time being, you're going to serve 2 days in jail with credit for 2.
You may have no drugs or alcohol, and you'll be screened.
You're going to uh complete the IOP program, whatever it is. My guess is it's a lot more than once or twice a week.
You're going to follow all those recommendations.
You're going to continue your mental health treatment at UH. You're going to comply and follow all those recommendations.
You're to only utilize your current doctors, one dentist and one pharmacy for prescription medication.
Take your medication as is prescribed.
Sign releases so probation can get your records.
You're going to attend at least three AA or NA meetings per week and get a sponsor.
And then I'm going to defer 60 days in the Lake County jail in this case until April 10th of next year at 10:00 a.m. We're going to have a a hearing before that at 9:00 a.m.
And uh we're going to see if you're serious about this stuff.
And if you are, then you won't have to do those days. If you're not, then you will have to do those days.
And if you violate in the meantime, it'll be worse than that, okay?
>> [snorts] >> Any other terms as pronounced?
Yes, your honor. Thank you. Do you understand all the terms?
Yes, your honor. All right. If you don't comply with the terms, then the state will file a motion to terminate your community control.
And if I find you violated, then you face 36 months in prison. You understand that? Yes, Your Honor.
>> And that's not 2 days in jail, that's 36 months in prison.
Yes, Your Honor.
Any questions about anything?
No, Your Honor. Thank you.
All right.
Mr. West, anything else?
We would just ask for uh the forfeiture of the items.
Whatever is subject to forfeiture is forfeited to the state. And is the court imposing any court costs?
Yeah, the costs also. Thank you.
Mr. Marine, anything further?
No, Judge. Not this time. Thank you.
All right. Um As I said, you're in a very pivotal spot in your life.
So, if you want to live it the way you're supposed to, put in the work in order
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