18 Year Old Girl Gets Jail Time For Cursing & Flipping Off Judge

[Jaggator]

A giggly 18-year-old Penelope Soto ended up in a Miami courtroom on charges of possession of Xanax without a prescription. The judge set her bond at five thousand dollars and dismissed her. That’s when things got worse.

Watch this on video...

Seriously, how could anyone be so stupid?

http://www.aol.com/video/girl-gets-jail-time-for-flipping-off-cursing-at-judge/517664790/?icid=maing-grid7|main5|dl8|sec1_lnk3%26pLid%3D266609

[GatorPrincess8]

Good for the judge.

[malscott]

Bad parenting...completely clueless self absorbed idiot.

[GatorPrincess8]

tell it Malscott.

[gatorjjh]

Bad parenting...completely clueless self absorbed idiot.

Right On!

[supagator]

She looked wasted!

[MeyerIsBack]

Accountability is obviously something new for her. Good for the judge

[Sylez_G_Koolaid]

I'd partyrock her tho, nomsayin'?

[gatorman_07732]

She is obviously someone that knows nothing about respect. Never learned it and thinks she lives in some sort of lawless society.

[OaktownGator]

Bad parenting...completely clueless self absorbed idiot.
Truth.

[Jaggator]

I'd partyrock her tho, nomsayin'?

Bro, does that mean you'd hit it?

[FrankGator627]

The judge was so out of line. He violated the law twice in a minute long span.

[ufrulz2]

The judge was so out of line. He violated the law twice in a minute long span.

Curious how so, Frank.

[FrankGator627]

Curious how so, Frank.

Well, one, he should've never upped the bond because she said "Adios" right after he said "bye bye". Bond should be set based on criminal history (which she had none), the nature of the charges and her risk to flee jurisdiction.

So increasing the bond to 10k sua sponte was improper and petty on his part.

Second, he found her in contempt and sentenced her to 30 days jail. He can't do that without a formal hearing. US citizens have a right to due process and not to be sentenced at a whim.

[gatorman_07732]

How wasn't that a formal hearing? Wasn't she appearing before the court for consequences based on her actions? Everything I've read on this said it was a hearing

[ufrulz2]

Well, one, he should've never upped the bond because she said "Adios" right after he said "bye bye". Bond should be set based on criminal history (which she had none), the nature of the charges and her risk to flee jurisdiction.

So increasing the bond to 10k sua sponte was improper and petty on his part.

Second, he found her in contempt and sentenced her to 30 days jail. He can't do that without a formal hearing. US citizens have a right to due process and not to be sentenced at a whim.

I hear what you're saying on the first point, and while the video suggests that he increased her bond because he was displeased with the way she acted, it could be that the judge simply reconsidered the initial $5K and decided to increase it to $10K because of the "very valuable" jewelry she had reported. It's hard to know one way or the other without guessing. I agree, however, that he was acting petty and quite unprofessionally, especially with the "bye bye" part. She's a loser, for sure, but judges must maintain decorum and respect for all who appear in front of them.

As for the contempt, I don't know what rules apply in Florida state court, but federal judges have the authority to summarily punish contempt that occurs in the courtroom, both by statute, 18 U.S.C. 401, and by rule in criminal cases, Fed. R. Crim. P. 42(b). Moreover, the Supreme Court has recognized that this summary-contempt authority is an "exception to the normal due process requirements, such as a hearing, counsel, and the opportunity to call witnesses." Pounders v. Watson, 521 U.S. 982, 988 (1997) (per curiam). Hence, there is no "formal hearing" requirement, at least in federal court. But in any event, arguably the judge provided some measure of due process here, by asking her whether she in fact flipped him off and told him "F--- you," which she acknowledged.

[g8rjd]

Second, he found her in contempt and sentenced her to 30 days jail. He can't do that without a formal hearing. US citizens have a right to due process and not to be sentenced at a whim.

Incorrect. Direct criminal contempt can be summarily punished without a hearing in Florida.

[ufrulz2]

Haha, JD, I beat you to that by about 25 minutes. :)

[g8rjd]

Haha, JD, I beat you to that by about 25 minutes. :)

I clarified that my statement was "in Florida," thus supplementing your response. That's my story and I'm sticking to it. ;)

[g8rjd]

Haha, JD, I beat you to that by about 25 minutes. :)

I would also supplement your response on the other point by pointing out that demonstrated disrespect to authority is an indication of flight risk, which could also be a basis to increase a bond.

[FrankGator627]

She's entitled to present mitigation or excuse so in my mind that's a hearing.

[g8rjd]

She's entitled to present mitigation or excuse so in my mind that's a hearing.

I'll rephrase. Without the appointment of counsel, notice of charges, and other protections that are generally afforded to criminal defendants. It is within the power of the court to punish for contempts that occur directly before it and to do so summarily upon a failure to show cause as to why that contempt should not be punished.

[ufrulz2]

And I'm not so sure she's entitled to present mitigation or excuse, at least in federal court. Certain affronts are so egregious that they are punishable on the spot.

[ufrulz2]

I clarified that my statement was "in Florida," thus supplementing your response. That's my story and I'm sticking to it. ;)

:joecool:

[RattlerGator]

Frank, you overstated twice didn't you? Neither action "violated" the law. Both could be questioned as to prudence, sure, but that's a different matter.

Personally, I think the judge did the right thing, even if she was under the influence.

[Potzer01]

Well there is one sure fire way to make criminals, put drug offenders in jail.

[gatorman_07732]

Incorrect. Direct criminal contempt can be summarily punished without a hearing in Florida.

Can you please explain for a layperson if that was an informal or formal hearing. I guess it really doesn't matter in this case, but just curious. I just couldn't see how someone could act like she did in that courtroom and not have repercussions.

[g8rjd]

Can you please explain for a layperson if that was an informal or formal hearing. I guess it really doesn't matter in this case, but just curious. I just couldn't see how someone could act like she did in that courtroom and not have repercussions.

There are four categories of contempt: direct and indirect, and civil and criminal. The difference between direct and indirect is whether the offending behavior occurs in the presence of the judge. If it is in the judge's presence, it is direct contempt. If it is outside the judge's presence, it is indirect contempt. The difference between civil and criminal is based upon the punishment. If the contemptor "holds his own key" then it is civil contempt (ie. you will be jailed until you testify). If the contemptor does not "hold his own key" then it is criminal contempt (ie. you will be jailed for 30 days).

If a person commits indirect contempt and the prospective punishment is criminal, then they are entitled to all the constitutional protections of any other criminal defendant, such as formal notice, appointment of counsel if they are indigent, confrontation of witnesses, etc. Direct criminal contempt, however, is different. Because the contemptuous conduct occurred in the presence of the judge, then the judge can summarily punish it without those safeguards, as the purpose of the punishment is immediate vindication of the authority of the court. The latter is what happened here (making an obsecene gesture and cursing at the judge in his presence) which is why the judge's summary punishment was not illegal.

By "hearing," I was referring to the constitutional protections that apply to indirect criminal contempt. Admittedly, it was less than precise.

[gatorman_07732]

There are four categories of contempt: direct and indirect, and civil and criminal. The difference between direct and indirect is whether the offending behavior occurs in the presence of the judge. If it is in the judge's presence, it is direct contempt. If it is outside the judge's presence, it is indirect contempt. The difference between civil and criminal is based upon the punishment. If the contemptor "holds his own key" then it is civil contempt (ie. you will be jailed until you testify). If the contemptor does not "hold his own key" then it is criminal contempt (ie. you will be jailed for 30 days).

If a person commits indirect contempt and the prospective punishment is criminal, then they are entitled to all the constitutional protections of any other criminal defendant, such as formal notice, appointment of counsel if they are indigent, confrontation of witnesses, etc. Direct criminal contempt, however, is different. Because the contemptuous conduct occurred in the presence of the judge, then the judge can summarily punish it without those safeguards, as the purpose of the punishment is immediate vindication of the authority of the court. The latter is what happened here (making an obsecene gesture and cursing at the judge in his presence) which is why the judge's summary punishment was not illegal.

By "hearing," I was referring to the constitutional protections that apply to indirect criminal contempt. Admittedly, it was less than precise.

Many thanks.....The way I see it she had this coming, and maybe there is a slight chance it knocks some sense into the fat between her ears.

[gatorace]

So lets see if i got this right.

If you plan on flipping off a Judge, dont let him see it or its direct contempt. If a baliff see's it but the Judge does not, it is indirect contempt.

So as i understand it, DONT FLIP OFF THE JUDGE.....
I think i got it now.

[Jaggator]

Can't feel sympathy for someone that gives the middle finger to a judge during a hearing and telling him to get f___k as she walked away. That is flat out stupid. She is just immature & dumb the way she was giggling giving her answer when the judge was asking her questions.

[Sylez_G_Koolaid]

Bro, does that mean you'd hit it?

I'm just saying, if she isn't already a stripper, she has it in her future. That's my educated observation. And I'd partyrock with her for real, bruh.

[rpmGator]

The judge said bye-bye, with is about what she did also. Since when did adios mean more than bye bye. The doubling wasn't warrented, the reaction should never have happend, and now we get the bill for thirty days of jail time.

She never should have reacted, but she acted like a kid, and so did the judge.

[gtr2x]

I'm just saying, if she isn't already a stripper, she has it in her future. That's my educated observation. And I'd partyrock with her for real, bruh.

must be the red hair:joecool: at least i think it is red or maybe it's purple.

Stupid move on her part, but I can relate to some degree having witnessed a few court proceedings. No matter how much you want to say something you're always better off just biting the bullet. The judge always gets the last word.

[DowntownGator]

She'll cry to the judge and won't serve a day of the sentence.

Book it.

[FrankGator627]

She'll cry to the judge and won't serve a day of the sentence.

Book it.

Contempt charges were dropped today.

[myamiG8R]

The judge was so out of line. He violated the law twice in a minute long span.
Disagree to the first comment. The second comment is completely inaccurate.

[GolphinGator]

These kids have no respect for anyone. My bet is in 10 yrs she will have 6 kids fathered by 15 men and tax payers will be supporting all of them.

I know I should not have written that but I don't care because I believe I am correct, just not politically.

[exiledgator]

These kids have no respect for anyone. My bet is in 10 yrs she will have 6 kids fathered by 15 men and tax payers will be supporting all of them.

I know I should not have written that but I don't care because I believe I am correct, just not politically.

Or mathematically.

[bakaduin]

Contempt charges were dropped today.

But not for any legal reason. They were dropped because she apologized to the court and admitted to being on Xanax and alcohol during the hearing while agreeing to complete a drug court program.

http://www.cbsnews.com/8301-504083_162-57568468-504083/penelope-soto-fla-teen-who-flipped-off-judge-apologizes-and-avoids-30-day-sentence/

[GolphinGator]

Or mathematically.

Maybe not, but I saw an article today that said there were three names on a birth certificate. I didn't read the article, but who knows who the baby daddy really is?

[g8rjd]

Apparently, Penelope Soto had cleaned up her act, passed eight of eight drug tests, and received applause from the court for her success.

http://abovethelaw.com/2013/03/woman-who-flipped-off-a-judge-now-receives-applause-from-the-bench-and-an-apology-from-me/#more-228041

[ValdostaGatorFan]

In case yall didn't know, that is what is called a kidiot

[Floridian]

I don't agree with the attitude that it seems so many people have when it comes to punishment. She was acting like a brat, and needed to be taught a lesson. A permanent prison sentence on her record solves nothing, and will do nothing but destroy her future.

This girl seems like she doesn't get it. Let's pretend she's a human being and is capable of learning from her mistakes. Do you think 30 days in jail will in any way reform her view on the world? Hearning things like, she'll be a mother to a dozen children with serveral men, racially charged im sure, ignoring that the best way to force someone into this kind of spiral is destroying their future through incarceration over nothing.

I know low post count, but it gets me worked up a bit every time. I hear it from so many people, my freinds included. When you don't know a person's name, teach them a serious lesson, then declare they'll be a burden on the state, ignoring the intimate relationship those ideas have with one another.

[lurkingator1]

Then the Judge said this all boils down to one thing the brat failed to Respect My Authoritah!

[toon66]

I don't agree with the attitude that it seems so many people have when it comes to punishment. She was acting like a brat, and needed to be taught a lesson. A permanent prison sentence on her record solves nothing, and will do nothing but destroy her future.

This girl seems like she doesn't get it. Let's pretend she's a human being and is capable of learning from her mistakes. Do you think 30 days in jail will in any way reform her view on the world? Hearning things like, she'll be a mother to a dozen children with serveral men, racially charged im sure, ignoring that the best way to force someone into this kind of spiral is destroying their future through incarceration over nothing.

I know low post count, but it gets me worked up a bit every time. I hear it from so many people, my freinds included. When you don't know a person's name, teach them a serious lesson, then declare they'll be a burden on the state, ignoring the intimate relationship those ideas have with one another.

Racially charged? How so?

[ATLitigator]

I don't agree with the attitude that it seems so many people have when it comes to punishment. She was acting like a brat, and needed to be taught a lesson. A permanent prison sentence on her record solves nothing, and will do nothing but destroy her future.

This girl seems like she doesn't get it. Let's pretend she's a human being and is capable of learning from her mistakes. Do you think 30 days in jail will in any way reform her view on the world? Hearning things like, she'll be a mother to a dozen children with serveral men, racially charged im sure, ignoring that the best way to force someone into this kind of spiral is destroying their future through incarceration over nothing.

I know low post count, but it gets me worked up a bit every time. I hear it from so many people, my freinds included. When you don't know a person's name, teach them a serious lesson, then declare they'll be a burden on the state, ignoring the intimate relationship those ideas have with one another.

her future will be better once she learns proper respect and attitude

flip off a judge, go straight to jail

[g8rjd]

her future will be better once she learns proper respect and attitude

flip off a judge, go straight to jail

See post 42.

[ATLitigator]

apparently she got the message, good for her

[toon66]

apparently she got the message, good for her

Maybe, time will tell.