00:00My client is currently pregnant. It's one failed drug test.
00:02It's not just one failed drug test and using drugs and ends up pregnant.
00:07When this pregnant defendant tested positive for drugs and asked for another chance on probation,
00:11the judge rejected the defense's argument and sentenced her to 10 years in prison.
00:15This is 21-38655. Ms. Falwell is on probation for the first degree felony offense at possession
00:22of a controlled substance. Was placed on a deferred probation for 10 years, a 10-year
00:27term in prison that was probated for 10 years and a motion to revoke that's been filed.
00:31This is the sentencing. So, and it's a weird case because this is a 10 over 10. The big
00:36elephant in the room, I guess, is the fact that my client is currently pregnant. They do
00:40next month. This is a case where she was, they filed a motion to revoke probation because
00:44of a drug test that turned out positive. She had gone to Safe P, finished Safe P, or the
00:48actual in-house part, was then in the outpatient aftercare, and then tested positive. Based
00:53on all those facts and circumstances, there is a third option. Let her out on a PR bond,
00:58continue her own probation as is, but not sentence her. Hold, delay the sentencing. If she is
01:02successful, gets out, has the baby living right, doing what she's supposed to do, then
01:06ask the state to dismiss them at NTRP. If she doesn't live right, then it's 10 years. That
01:12would allow her to have the baby outside of prison. I mean, I'm not inclined to hold anything
01:16in a band because if she violates, it's another violation. They can file a motion. We don't
01:19need to have something pending. I know. I understand, but I'm just giving you a different
01:23option here. You know, we would request for her to continue on probation. It's one failed
01:27drug test, which caused her not to complete the aftercare of Safe P. It's not just one
01:32failed drug test. It's she's gone through all this treatment for the serious options and
01:36using drugs and ends up pregnant. I want to know what my real options are with someone
01:40who is going to have a baby in a week. Honestly, we don't have any option. She has denied the
01:45use
01:45and she has gone. I didn't see her until she was arrested. And then she started calling
01:49me from jail concerned about the baby because she has five other children that she doesn't
01:54have custody of. And she's determined to use this baby to get out of going to prison. I
02:00told her, don't run. Let's see what we can do for you. And she ran and she sees all communication
02:05with me. I think it's in the best interest of the baby and of Ms. Fullwell that she'd be
02:10incarcerated. She didn't make it one day out of Safe P before she was testing positive and
02:14then she ran. I feel like she had her chance. She knew that she was only going to have one
02:18chance at this and she's blown it multiple times. We would ask that she'd be revoked.
02:22This is your third felony offense. And the prior two, you got probation and they were both
02:27revoked. So it's not like you didn't know and haven't been given opportunity after opportunity
02:32after opportunity. You've got other people taking care of your children who are still using drugs
02:37even after you've been given all of these treatment opportunities. Everybody trying to help you
02:42and you're not helping yourself. And calls number 21-386-55, I'm going to find that you
02:47entered your pleas of truth freely and voluntarily. Find those counts true. Find sufficient evidence
02:51to revoke your probation. And at this time, revoke your probation, sentence you to a term of 10
02:55years in the Institutional Division of the Texas Department of Corrections.
