Wisconsin jails pregnant woman - gives her fetus – but not her – a lawyer

reply to post by Bassago


The law that you quoted does not make it a crime on the mother. That was my take anyway. It seemed to me to be about a law protecting the unborn child. Maybe I read it wrong.

reply to post by Wrabbit2000


Good argument. And I agree.

Was she actually arrested and charged or was it a CPS issue. I am just asking.

Bassago
Maybe it's just me but this seems wrong. A Wisconsin mother-to-be who has no health insurance self medicates to overcome a previous addiction using an anti-opiate drug that admitted wasn't her's, tells the truth in a doctor visit and get sent to jail for endangering the child. Adding insult to injury she doesn't get a lawyer but the fetus does. WTH?

Wisconsin jails pregnant woman and gives her fetus – but not her – a lawyer

A Wisconsin mother-to-be is challenging her state’s fetal protection law after she was arrested following a prenatal visit where she admitted taking a drug used to treat painkiller dependency.

Then 28 years old, Beltran said she admitted to struggling with a past addiction to Percocet and taking an acquaintance’s prescribed Suboxone because she lacked health insurance and could not afford the anti-opioid medication herself.

Two days later, Beltran was arrested and taken in handcuffs to a hospital, where she was examined by a physician.

Her lawyers said the pregnancy was determined to be normal and healthy, but she was taken to jail and ordered by a judge to spend 90 days in a drug treatment center.

At her initial hearing, her attorneys say, the judge told Belran that she would not have an attorney present but one had been appointed to represent her fetus.

No lawyer for her but the fetus gets one? This should be dismissed on those grounds alone. This seems to be another case of lawyer/judge weasel-speak and the application of laws in a way inconsistent with their spirit. So what else is new. Just wait until obamacare takes over.

I cant believe how ridiculous things are getting.

Lawyers are getting work to represent people who haven't been born yet.

If I were that woman i'd ask the brief why my totally innocent foetus was jailed and detained with me even though it hasn't been charged nor convicted of anything.

It's the same logic as theirs IMO.

reply to post by InTheLight

1998 - Unborn Children in Need of Protection or Services Unborn children, at any stage of pregnancy, who are at risk of serious physical harm due to the severe and habitual use of alcohol or drugs by their expectant mothers were added to the Children’s Code as an unborn child in need of protection or services. This new “Cocaine Mom” law gave the courts authority to require the expectant mother to participate in alcohol and drug abuse services even if she has to be taken into physical custody in order to protect her unborn child.

source

This is all I could find. Again I'm not saying she doesn't need, perhaps even require help. I'm saying when you are arrested and go to jail, get sent up in front of a judge and charged with breaking the law you get to have a lawyer.

Looks like this is now going to be a federal lawsuit issue now.
Lawsuit challenges Wisconsin's 'coc aine mom' law

MILWAUKEE, Oct. 24 (UPI) -- Women's rights advocates have filed a challenge to Wisconsin's "coc aine mom" act, which allows pregnant women to be jailed or forced into treatment. The lawsuit filed recently in federal court in Milwaukee is the first of its kind, The New York Times reported Wednesday.

Bassago
reply to post by InTheLight

 

1998 - Unborn Children in Need of Protection or Services Unborn children, at any stage of pregnancy, who are at risk of serious physical harm due to the severe and habitual use of alcohol or drugs by their expectant mothers were added to the Children’s Code as an unborn child in need of protection or services. This new “Cocaine Mom” law gave the courts authority to require the expectant mother to participate in alcohol and drug abuse services even if she has to be taken into physical custody in order to protect her unborn child.

source

This is all I could find. Again I'm not saying she doesn't need, perhaps even require help. I'm saying when you are arrested and go to jail, get sent up in front of a judge and charged with breaking the law you get to have a lawyer.

Looks like this is now going to be a federal lawsuit issue now.
Lawsuit challenges Wisconsin's 'coc aine mom' law

MILWAUKEE, Oct. 24 (UPI) -- Women's rights advocates have filed a challenge to Wisconsin's "coc aine mom" act, which allows pregnant women to be jailed or forced into treatment. The lawsuit filed recently in federal court in Milwaukee is the first of its kind, The New York Times reported Wednesday.

There's no proof she was charged with anything, nor jailed...she needs help and she has to be forced to get help because she can't do it herself - let alone endangering the life of another.

InTheLight

There's no proof she was charged with anything, nor jailed...she needs help and she has to be forced to get help because she can't do it herself - let alone endangering the life of another.

Where I come from when you are surrounded by cops, taken away in handcuffs, confined against your will, dragged before a judge and sentenced to something (jail, rehab, probation, whatever) you've been arrested, charged and convicted.

Maybe you don't see it that way. I do. As far as needing help I'll repeat for the 3rd or 4th time:

"SHE NEEDS HELP!"

you people are so deluded .The courts can do what ever they want when ever they want .
and lawyer lol that's even funner. Public lawyer = conflict of interest .a lawyer being payed for by the very state who is charging you. Is this a oxymoron or what .
But hey civil court is instant Russia. No lawyer no trial not even disclosher and the court can take your money your home your family any thing short of acutely jail . Why even if you have proof of ((innocence))????one day you have a home a family every thing any sane man could want the next your homeless and have lost it all. and guess what folks I HAVE NEVER been charged with ANY Crime in my lifetime if you run my ID its brings UP NOTHING! anyone who acutely thinks we live or have ever lived in a country that provides justice just hasn't been to civil court .No jury what ever the judge feels like doing is done .
believe me if i had realized how this country i was born into was so corrupt and ignores its own laws ((unless its to the state benefit. I would have left when i was young .New Zealand sounds good .
But hey until the last government falls ,Until the last two men kill each other there will always be someone who will do what ever they can to destroy you.
((((Its not enough that i succeed all others MUST FAIL>.
Its ever governments moto and ever mans dream .well heck in the us women have fought hard to be a bad as any man . so hats off lady's you have become equil to us and are very good at this as well.

InTheLight

Bassago
reply to post by InTheLight

 

1998 - Unborn Children in Need of Protection or Services Unborn children, at any stage of pregnancy, who are at risk of serious physical harm due to the severe and habitual use of alcohol or drugs by their expectant mothers were added to the Children’s Code as an unborn child in need of protection or services. This new “Cocaine Mom” law gave the courts authority to require the expectant mother to participate in alcohol and drug abuse services even if she has to be taken into physical custody in order to protect her unborn child.

source

This is all I could find. Again I'm not saying she doesn't need, perhaps even require help. I'm saying when you are arrested and go to jail, get sent up in front of a judge and charged with breaking the law you get to have a lawyer.

Looks like this is now going to be a federal lawsuit issue now.
Lawsuit challenges Wisconsin's 'coc aine mom' law

MILWAUKEE, Oct. 24 (UPI) -- Women's rights advocates have filed a challenge to Wisconsin's "coc aine mom" act, which allows pregnant women to be jailed or forced into treatment. The lawsuit filed recently in federal court in Milwaukee is the first of its kind, The New York Times reported Wednesday.

There's no proof she was charged with anything, nor jailed...she needs help and she has to be forced to get help because she can't do it herself - let alone endangering the life of another.

What do you mean she can't do it herself?

She CHOSE to seek professional help from a doctor instead of self-medicating. But instead of receiving the help she asked for, she was arrested and jailed.

Then they say they 'forced' her into rehab. It's what she was asking the doc for in the first place so why arrest her?

It doesn't make any sense to me, unless someone is financially gaining from it. Money and/or power are usually the motives behind things which don't seem to make sense, from my observations anyway.

doobydoll

InTheLight

Bassago
reply to post by InTheLight

 

1998 - Unborn Children in Need of Protection or Services Unborn children, at any stage of pregnancy, who are at risk of serious physical harm due to the severe and habitual use of alcohol or drugs by their expectant mothers were added to the Children’s Code as an unborn child in need of protection or services. This new “Cocaine Mom” law gave the courts authority to require the expectant mother to participate in alcohol and drug abuse services even if she has to be taken into physical custody in order to protect her unborn child.

source

This is all I could find. Again I'm not saying she doesn't need, perhaps even require help. I'm saying when you are arrested and go to jail, get sent up in front of a judge and charged with breaking the law you get to have a lawyer.

Looks like this is now going to be a federal lawsuit issue now.
Lawsuit challenges Wisconsin's 'coc aine mom' law

MILWAUKEE, Oct. 24 (UPI) -- Women's rights advocates have filed a challenge to Wisconsin's "coc aine mom" act, which allows pregnant women to be jailed or forced into treatment. The lawsuit filed recently in federal court in Milwaukee is the first of its kind, The New York Times reported Wednesday.

There's no proof she was charged with anything, nor jailed...she needs help and she has to be forced to get help because she can't do it herself - let alone endangering the life of another.

What do you mean she can't do it herself?

She CHOSE to seek professional help from a doctor instead of self-medicating. But instead of receiving the help she asked for, she was arrested and jailed.

Then they say they 'forced' her into rehab. It's what she was asking the doc for in the first place so why arrest her?

It doesn't make any sense to me, unless someone is financially gaining from it. Money and/or power are usually the motives behind things which don't seem to make sense, from my observations anyway.

She told everyone that she has an addiction problem, so I would think she would be asking the doc for drugs. The doc would not give her what she wanted, so she was 'getting' (stealing?) drugs from the people in her life - with no concern as to how taking these drugs would affect her unborn child.

InTheLight


She told everyone that she has an addiction problem, so I would think she would be asking the doc for drugs. The doc would not give her what she wanted, so she was 'getting' (stealing?) drugs from the people in her life - with no concern as to how taking these drugs would affect her unborn child.

No that's a blatant misrepresentation. Where does it say she stole meds from anyone? You've suggested this twice now.

Also she said she was struggling with a "past" problem. This is supposed to be America. I applaud her dealing with this herself. I'm also glad she now has the support to challenge this crap in federal court.

Bassago

InTheLight


She told everyone that she has an addiction problem, so I would think she would be asking the doc for drugs. The doc would not give her what she wanted, so she was 'getting' (stealing?) drugs from the people in her life - with no concern as to how taking these drugs would affect her unborn child.

No that's a blatant misrepresentation. Where does it say she stole meds from anyone? You've suggested this twice now.

Also she said she was struggling with a "past" problem. This is supposed to be America. I applaud her dealing with this herself. I'm also glad she now has the support to challenge this crap in federal court.

What exactly is she challenging? The right to take drugs at will no matter how it affects her unborn child?