Postpartum Depression with a Misdemeanor Theft

My question involves criminal law for the state of: kansas
I have postpartum depression my baby is 7 mo. old, I got a misdemeanor theft, nothing on my record! . I have a lawyer he said he would go plea for diversion to the prosecutor, I asked If I could go, and he said I do not need to attend. Can a lawyer go on my behalf, and is there any other posibilities of something better then diversion? This feels like such a nightmare! I saw an older post where someone else w/postpartum was in the same situation,, but it was 2008, I don't know what her outcome was,, can I please have some input!! I already went to a theft counseling class, had to stop nursing and I"m on prosaic for the first time ever, having panic attacks, and going to counseling, unfortunately didn't realize I had postpartum depression until all this happened. This should be the happiest years with my two little girls... :(

Believe me, I understand postpartum depression, but it isn't going to change the issue of guilt in this situation. If you lawyer doesn't feel you can prevail in trial, the best bet is diversion. With diversion you'll avoid a lasting criminal record that will haunt you in the future if you keep yourself on the straight path now. Diversion isn't a nightmare compared to having a criminal record and possibly ending up in jail. If you are sentenced to even a day in jail, you will run the risk of losing the baby.

I strongly suggest letting your lawyer handle it.

Thank you for the reply I appreciate your time in reading my post.

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Quoting flyingron

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If you are sentenced to even a day in jail, you will run the risk of losing the baby.

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I think that's an over reach for you flyingron. I know you're trying to be helpful, but to tell a girl with post partum depression she's at risk for losing her baby if she does even one day in jail, isn't helpful at all. You don't know her situation at home. Your children don't get taken away simply if you have to go to jail. She may have family or the baby's father to care for both of her girls. That's a scary thing to say to someone in her particular circumstance.

It may be a remote worst-case possible scenario, but it IS a possibility whose door has been opened with the criminal charge (particularly if the OP is the child's primary caregiver, as a majority of moms are, and is going to introduce a mental health issue as part of either a defense or mitigating circumstance at sentencing); and NOT informing those asking questions of the full gamet of potential outcomes - from best, to worst, to "probable" (which is usually in between) isn't TRUTHFUL. Exactly BECAUSE we "don't know her situation", giving the full range of POSSIBILITY is exactly what is called for. It's most certainly better than being blind-sided or having such possibilities brought up out of the blue while under the stress of the courtroom (which is why you DON'T see many posters coming back to say "why didn't anyone WARN me...").

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Quoting twinzmom68

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I think that's an over reach for you flyingron. I know you're trying to be helpful, but to tell a girl with post partum depression she's at risk for losing her baby if she does even one day in jail, isn't helpful at all. You don't know her situation at home. Your children don't get taken away simply if you have to go to jail. She may have family or the baby's father to care for both of her girls. That's a scary thing to say to someone in her particular circumstance.

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And really - children ARE routinely taken away from the CP if the CP ends up in jail.

Even if that CP has PPD.

I understand being thorough, but if she puts them in someone's care nobody will take them away.

Really?

I've seen it happen.

If the children are placed by the parent with a suitable custodian while the parent addresses her problems (addiction, jail, etc.), that's not neglect and thus is not (of itself) grounds for protective services intervention.

What I've seen is a parent who takes her child to court thinking, "The judge won't sentence me to jail, at least not right away, if kiddo is along", only to find herself (or himself) sent to jail and the child taken by protective services (because the court has no other choice).

It's so common that the courts here admonish parents who have any possibility of being taken into custody to NOT HAVE THE CHILDREN WITH THEM at their court appearances. Believe me, if you get locked up for an hour, the court has no choice but to call CFS. If jail or custody is a possibility she had better make sure that she has alternate custodial care lined up in advance.

It's also strange that you needed to come in here and rag on my responses over a month after they were made. The original poster is long gone.

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Quoting twinzmom68

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I understand being thorough, but if she puts them in someone's care nobody will take them away.

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It's sweet that you're trying to be reassuring, but stop. You're incorrect, and THAT is not helpful.

We're not here to handhold and support, we're here to provide legally correct answers, and that includes alerting our querants to worst case scenarios,

What I've seen is a parent who takes her child to court thinking, "The judge won't sentence me to jail, at least not right away, if kiddo is along", only to find herself (or himself) sent to jail and the child taken by protective services (because the court has no other choice).

THAT I'll give you! Not a genius move for a parent to make while the risk of incarceration is looming. People do this all the time.