Gator Country

Jaggator · 02-07-2013, 01:08 AM

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-j...6pLid%3D266609

GatorPrincess8 · 02-07-2013, 01:21 AM

Good for the judge.

malscott · 02-07-2013, 01:25 AM

Bad parenting...completely clueless self absorbed idiot.

GatorPrincess8 · 02-07-2013, 01:27 AM

tell it Malscott.

**gatorjjh** · 02-07-2013, 06:25 AM

Quote:

Originally Posted by malscott

Bad parenting...completely clueless self absorbed idiot.

Right On!

**supagator** · 02-07-2013, 06:53 AM

She looked wasted!

**MeyerIsBack** · 02-07-2013, 07:21 AM

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

Sylez_G_Koolaid · 02-07-2013, 10:14 AM

I'd partyrock her tho, nomsayin'?

**gatorman_07732** · 02-07-2013, 10:51 AM

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

**OaktownGator** · 02-07-2013, 10:53 AM

Quote:

Originally Posted by malscott

Bad parenting...completely clueless self absorbed idiot.

Truth.

Jaggator · 02-07-2013, 11:01 AM

Quote:

Originally Posted by Sylez_G_Koolaid

I'd partyrock her tho, nomsayin'?

Bro, does that mean you'd hit it?

**FrankGator627** · 02-07-2013, 11:26 AM

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

**ufrulz2** · 02-07-2013, 11:29 AM

Quote:

Originally Posted by FrankGator627

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

Curious how so, Frank.

**FrankGator627** · 02-07-2013, 11:45 AM

Quote:

Originally Posted by ufrulz2

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** · 02-07-2013, 11:54 AM

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** · 02-07-2013, 12:34 PM

Quote:

Originally Posted by FrankGator627

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** · 02-07-2013, 12:59 PM

Quote:

Originally Posted by FrankGator627

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** · 02-07-2013, 01:00 PM

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

**g8rjd** · 02-07-2013, 01:02 PM

Quote:

Originally Posted by ufrulz2

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** · 02-07-2013, 01:03 PM

Quote:

Originally Posted by ufrulz2

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.