I Defended A Homeless Pregnant Woman For Armed Robbery. She Went Into Labor Seconds Before The Jury Read Her Guilty Verdict. Now The Feds Are Waiting Outside Her Delivery Room With Shackles.
I told her I was at the hospital. That the pregnant client I’d mentioned had gone into labor during her trial. That I’d stayed with her through the delivery. That we were now in the middle of a custody fight with CPS and trying to negotiate a plea deal with the prosecutor.
There was silence on the other end for a few seconds. Then she asked if I was getting too involved, if I was crossing lines I shouldn’t cross. She knew me well enough to know when a case was getting under my skin. I didn’t have a good answer. She said she was worried about me taking on too much, about letting my emotions drive my decisions instead of my professional judgment. But her voice was soft when she said it. She knew this case had hit something deep in me, something related to when she’d had complications during labor with our first kid. How scared we’d both been, how vulnerable new parents felt, how easy it was for everything to go wrong.
I admitted I was probably more involved than I should be. That I’d let this case become personal. But I told her I couldn’t walk away from a woman who’d asked for help at midnight and was now fighting to keep her newborn baby. I’d made a promise to stay with her and I was going to keep it.
My wife sighed, not angry just resigned. She said she supported me, she always did, but she reminded me to take care of myself too. That I couldn’t help anyone if I burned myself out completely. She told me to eat something, to sleep if I got the chance, to remember that I was human and humans had limits. I promised I’d try. We said we loved each other and hung up.
I stood there for a minute staring at the wall. Then I splashed water on my face from the sink in the corner and went back to work.
Jude showed up around dawn with a briefcase that looked like it weighed 50 lbs. His shirt was wrinkled and he had bags under his eyes, but his expression was focused, determined. He’d spent the night pulling together everything we’d need for the custody hearing.
We found an empty conference room and spread papers across the table: court documents, program descriptions, research studies, character references. We started building a complete proposal that addressed every concern the judge or CPS might raise. Safety supervision, what happened if Nadia violated the rules, how the program would coordinate with probation and family court, what kind of monitoring would be in place.
Jude had contacted three people who’d gone through Clementina’s program successfully, women who’d been in legal trouble and kept their kids while getting their lives together. He had their statements ready. I worked on the legal arguments about why separation would harm the baby, about how supervised custody served the state’s interest better than foster placement. We wrote and rewrote, organized and reorganized. By the time the sun came up through the window, we had a proposal that covered everything. Now we just had to hope it was enough.
The prosecutor walked into the conference room around 10:00 in the morning with an older man in an expensive suit who introduced himself as the district supervisor. They sat across from me and Jude at the long table, spreading out files and legal pads like they were setting up camp.
The prosecutor started talking about a plea deal. Attempted robbery with a firearm enhancement. Time served plus probation. Residential placement, counseling, money paid back to the store clerk, regular meetings with probation officers and CPS workers checking in constantly.
I listened to every word while writing notes, calculating in my head what each condition actually meant for Nadia’s chances of keeping her baby. The firearm enhancement part made my stomach twist because I knew exactly what that triggered: mandatory minimum sentencing guidelines. Prison time built into the system no matter what circumstances existed.
I put my pen down and looked straight at the supervisor. I told him the firearm enhancement was a problem, a big problem. It would force Judge Brener to send Nadia to prison even if he wanted to show mercy. And this case wasn’t about a violent criminal with a weapon. This was a desperate mother stealing baby supplies while homeless and pregnant. The circumstances mattered.
The supervisor leaned back in his chair thinking. He looked at the prosecutor then back at me. He said they could drop the enhancement if Nadia agreed to plead guilty to base robbery and accepted 5 years of intensive probation with zero tolerance for any violations. 5 years of living under a microscope. One mistake and she goes to prison, loses her baby forever. But at least it gave her a chance.
We spent the next 2 hours going through every single detail of what those probation conditions would actually include. What counted as a violation, what didn’t. Jude kept pushing on the practical stuff, making sure normal struggles of being a new mother wouldn’t automatically destroy Nadia’s life. He brought up scenarios. What if the baby gets sick and she misses a check-in to take him to the emergency room? What if she’s late to counseling because the bus broke down? What if she forgets to charge her GPS monitor one night because she’s exhausted from being up with a crying newborn?
The prosecutor insisted there had to be real consequences or the whole system fell apart. Back and forth. Compromise, adjust, rewrite. By noon we had something that looked workable on paper, though I knew the reality would be much harder than the words suggested. I stood up and told them I needed to present this to my client. They agreed to wait while I went to Nadia’s room.
I found her sitting up in the hospital bed with her son sleeping against her chest. She looked up when I came in and I could see the fear in her eyes before I even started talking. I sat in the chair next to the bed and laid out the entire plea deal. Every term, every condition. I didn’t sugarcoat anything. Felony conviction on her record forever. Five years of probation where one screwed up decision could end everything. Paying back money to the store clerk even though she had nothing. Living at Clementina’s program under constant watch. Staff could walk into her apartment anytime. GPS monitor on her ankle tracking everywhere she went. Random drug tests, surprise visits from CPS workers, mandatory classes and counseling sessions. No privacy, no freedom, no room for mistakes.
She listened without interrupting, just stroking her baby’s tiny back while I talked. When I finished she asked one question: did this deal mean she got to keep her baby? I told her the truth. Nothing was guaranteed. Family court made the final custody call. But this plea removed the immediate threat of prison and gave her the chance to prove herself as a mother while being supervised. It was a chance, not a promise.
She nodded slowly, still looking at her son’s face. She said she would take the deal. Even a chance to stay with him was better than the certainty of losing him if she went to prison.
