Tennessee's New Drug Crime Law Could Imprison Mothers for Drug Use While Pregnant

 

         

          Tennessee has gained national attention for a controversial law that puts mothers in jail for drug use while they are pregnant. The Nation called Tennessee the state where “giving birth can be criminal.” While many states protect infants who are born addicted to drugs due to their mother's drug use, Tennessee has taken the law one step further. Mothers who give birth to drug addicted babies can face arrest. Already Tennessee has arrested new mothers for this crime. According to the Nation, at least nine women have been arrested for drug crimes while pregnant. The demographics of the women arrested tend to be poor and from minority backgrounds.

            Women charged with this drug crime face up to 15 years in prison. Women who get treatment while pregnant for their drug use can sometimes avoid charges, but drug treatment programs can be expensive and are often out of the reach of most mothers.

            As a result of the law, many women are avoiding getting prenatal care, or leaving the state to give birth. These evasive actions can result in greater danger to the unborn child.

            Unfortunately, women who face charges for drug crimes often can't afford the qualified legal defense they need to prove to a judge that they attempted to get treatment. Many women seek out state programs only to be turned away while pregnant because the programs are full. Furthermore, most treatment programs won't accept pregnant women. Yet, women who can get qualified drug crime defense in Tennessee may be more able to protect their parenting rights and get the help they need and deserve. If you're facing drug crime charges or anticipate facing charges after you give birth, it is important to speak to a lawyer like Sam Muldavin with Muldavin Law Firm PLC as soon as possible to protect your rights and freedoms.

            For instance, Tennessee prosecutors were asked how they would handle a case where a woman attempted to get treatment for her drug use, but was turned away due to lack of resources or no income. Prosecutors have failed to provide clear answers about how these cases would be treated in court. With the law being so new, women have a vested interest in getting a qualified drug crime lawyer to help them build a strong case.

            Many critics of the law note how disparity in wealth and income can affect the outcome of a case. A woman who can afford to get drug treatment won't be charged criminally, while a woman who sought treatment but who was refused it, may face a 15 year jail sentence. One woman explained that she went to 30 treatment centers trying to get help. Only one place took her in, but the woman was unable to afford treatment. There are also disparities in which hospitals test mothers for drugs. Hospitals in wealthy neighborhoods don't perform many drug tests, while hospitals in poorer neighborhoods test every mother.

            While the law was passed in Tennessee to prevent babies from being born with drug addiction, the law has had the effect of putting more women and their unborn children in harm's way. LA Times notes that there simply are not enough treatment beds to accommodate all women in need.

            If you're facing drug crime charges of any kind in Tennessee, it is important that you speak to a criminal defense attorney as soon as possible. While there are defenses for women being charged with Tennessee’s new drug crime laws, these defenses have not been tested in court. Therefore, you need a qualified lawyer who can help you build a strong case. Call Sam Muldavin with Muldavin Law Firm or visit his website at www.muldavinlawfirmtn.com.