Legal Question in Legal Ethics in Kentucky
A young mother of 3 is on probation. Is now pregnant and having lots of health problems. Due to health problems the baby has to be taken at 32 weeks. AFTER THE BABY IS BORN THE DR. WILL TAKE OUT HER SPLEEN AND ALSO GALLBLADDER. JUST TO LET YOU KNOW THE PAIN THIS GIRL HAS TO BE IN ALREADY. HER DR. HAD HER ON STRONG PAIN MEDS. SHE WAS GIVEN A URINE TEST BECAUSE OF PROBATION. SHE WAS PUT IN JAIL FOR THIS REASON. HOW CAN ANY SANE PERSON PUT A YOUNG MOTHER IN JAIL BECAUSE SHE TOOK PRESCRIBED MED? THIS IS OUTRAGEOUS. Only a woman can know the pain of being pregnant and the stress it puts on you. This girl should never have been put in a jail.
1 Answer from Attorneys
Then that evidence should have been produced during her probation revocation hearing. Prescribed medications, used in compliance with the prescription, are allowed. If she was taking the medication in excess of her prescription, however, her probation would still be revoked.