What About Your Kid When You Go to Prison?
One of the hardest questions parents face during sentencing is: what will happen to your child if you go to prison? Courts must balance punishment with the devastating effects incarceration can have on children and family stability.
Family Ties in Sentencing
According to the U.S. Sentencing Guidelines, family ties and responsibilities are “not ordinarily relevant” when deciding whether a sentence should fall outside the guidelines. U.S.S.G. § 5H1.6. While discouraged, departures are not forbidden. In extraordinary circumstances, courts may reduce a sentence to avoid undue harm to children or dependent family members.
Case Example: United States v. Lane
Ms. Lane, a mother of six, faced prison time. Evidence showed her elderly mother could not care for all six children long-term. Foster care would likely split the siblings apart, causing significant trauma. Recognizing the severe impact on her kids, the court departed from the guideline minimum of 33 months and sentenced her to:
- 6 months incarceration
- 6 months home detention
- 3 years supervised release
This balanced punishment with the need to preserve family unity. (United States v. Newell, 790 F. Supp. 1063)
Case Example: United States v. Leon
Mr. Leon pled guilty to 32 counts of preparing false income tax returns. His wife’s serious health issues and dependence on him as her caregiver persuaded the court to depart downward. His 27–33 month guideline sentence was reduced to:
- 8 months imprisonment
- 8 months home detention
This allowed him to continue caring for his wife while still serving punishment. (United States v. Leon, 341 F.3d 928)
Key Takeaway
If you are asking yourself, “what about your kid when you go to prison?”, know that courts sometimes consider extraordinary family circumstances when crafting a sentence. Strong documentation and legal advocacy can make the difference.
FAQ: Parents Facing Prison
What happens to my children if I go to prison?
Typically, children are cared for by the other parent or close relatives. If no family is available, foster care may be considered.
Can the judge lower my sentence because of my kids?
Yes, in extraordinary circumstances. While family ties are “not ordinarily relevant,” some judges may depart from guidelines to avoid undue harm to children.
Will foster care keep my children together?
Not always. Courts recognize that foster care often separates siblings, which can be an argument in favor of leniency.
What evidence helps show the impact on my kids?
Letters from family, testimony from social workers, and expert evaluations can help demonstrate the potential harm incarceration may cause your children.
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Are you a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
185 West F Street Suite 100-D
San Diego, CA 92101
(619) 357-6677
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!