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Judge to neglectful mom: No more kids while on probation

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    Controversy over unusual plea deal

  • Duration 4:20
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An unusual.

Plea deal catching our attention this New Year's Day -- -- in Florida facing serious jail time after she was convicted of leaving her four kids.

All under the age of twelve at the time and one of them with special needs.

At a hotel while she went out to party but the judge had a different idea instead of jail.

He ordered her to not have any more children while she serves thirteen years on probation.

That would take -- to the year 20/20 five.

After initially agreed to the deal the woman could be having second thoughts and -- appeal this judge's decision our legal panel joins us Joey Jackson.

And Doug burns both former prosecutors and criminal defense attorneys.

Guys happy here good to see about -- you -- -- Joey is this legal can you gonna judge tells someone that they are not allowed to have children.

Absolutely.

Not and from Africa and not at all what happened -- I think the court -- -- and a couple of critical components the first one is just backing up a minute.

You have a woman who now is a multiple convicted felon as a result of leaving her children alone now that's a hard thing he certainly should not have left the children -- I understand that.

But -- -- would be an opportunity to rehabilitate her.

To have -- go out perhaps do some community -- to do something else now she's faced with the prospect of being a criminal and -- future employment prospects.

Are just not they aren't so how he's gonna be able to support them is beyond me but won't think to the critical question about what -- -- -- do.

You know the constitution gives us a liberty interest that liberty interest says that a woman has the right to choose we know that from Roe vs.

Wade in 1972.

We also know what from Oklahoma vs -- which the court held.

Compulsory sterilizations illegal improper unlawful inappropriate.

This decision will not stand Doug Jolie says a judge can't do that.

Well let me put a little wrinkle on -- -- you guys first of it's not for the rest of her -- precarious for the term of probation.

And while thirteen years is too long.

It would seem to me that it's a practical matter the judge would have her back in relatively quickly.

The second -- I wanna make -- that.

Joey knows this because we're discussing it is that there was a case in the Wisconsin Supreme Court in 2001.

Bomb in which they were saying that a deadbeat -- somebody who was seriously and default on child support.

The judge says you cannot have a child and lets you come forward first and establish to the court that -- capable of affording it so by an altitude here.

I agree -- -- -- you can't flat out prohibit somebody from having children.

But he could theoretically -- have them say you've got to come in and establish that you're going to be -- do this properly.

Well I gotta say a woman with four kids who leave them in a hotel -- attended.

To go out party probably should not be having anymore children anyway but that aside let me ask you both about he's creative sentences because we hear about them every so often.

There was a case.

Somewhere where a judge ordered -- husband and take his wife out to dinner -- -- -- -- they've gotten into some kind of an altercation that you see signs that people have to Wear that say that they will not do that kind of behavior -- got submitted to the judges that that hand down these kinds of sentences these plea deals Jolie I mean how.

How much leeway to they have to come up with this stuff.

Well generally Doug and I love these sentences why because it keeps our clients out of jail and -- usually what happens direct.

Is that a judge will get the consent of the particular defendant.

And as a result of that you're waiving your right right at the judge says listen take you wipe out to dinner as opposed to all arguing with -- as opposed to having discord in fights you know what I'm gonna say five your honor because back then -- up a year in jail and judges often times -- out other sentences which alternative sentences are bit creative.

But they get the consent.

In this particular case though Rick I think the judge goes a little too far when he says you know what.

Yet not an appropriate caregiver for the children who do not have -- -- children but thirteen years which in effect is a life sentence based upon the age of the person who's -- Having these children and so therefore in this case they went too far Doug file.

-- here on these creative sentences.

That judges sometimes hand down I mean are they ever budgetary.

Well you know it's funny because I had one -- -- -- -- in New -- -- is on the -- -- on -- drunk driving conviction.

In lights convicted of drunk driving and that was actually stripped him down so you know what at the end of the direct foreign NFL referee I think it's an illegal sentence.

Joseph Jackson did Doug burns -- and happy new year to you when you found that -- you -- and thank thank you everyone else happy union.

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