What Is The Most Likely Sentence I Will Get.

[Polarbear321]

I am a recovering alcoholic who relapsed recently after 8 years of sobriety. During this time I got married and have had 2 lovely children. I must point out that I have until this relapse have been a very good mother. All social work reports and feedback from family and my husband have verified this.
During this relapse, I drank on several occasions and took illegally ordered Valium. It was over a period of 4 months.
I am very ashamed to say that I placed my children in danger whilst inebriated. I had taken 2-3 diazepam tablets and attempted to take my children to nursery. I cannot remember that I did this and am horrified that I did. My foot slipped from the break to the accelerator and I hit a fence at low speed. Thankfully none of us were injured, but I did not report it due to be inebriated and confused. I was referred for a diversion which I was undertaking. I had been diagnosed with postnatal depression and anxiety.
I maintained sobriety for 2 months after this, but then after a series of very stressful and worrying events (my child starting to have seizures - serious ones (not related to car accident), being diagnosed with epilepsy after spending over 2 weeks in hospital with him with un-controllable seizures. 2 days after being discharged by father was involved in a serious RTA - resulting in serious injuries and admission to ITU.
Stupidly I ordered more tablets, and after having taken some diazepam (a lot), I took my youngest son (5 months old) for a walk. I have very little memory of the walk, but I did buy and drink a few mouthfuls of alcohol, and most seriously (4 witnesses saw me) accidently dropped my son resulting in a skull fracture. I a, so grateful that there was no brain bleed, and all tests have shown that there is no damage, or I'll effect on his health. It has been accepted that it was accidental.
My previous convictions are 2 drink driving offences. One during this 4 month relapse (which I have pleaded guilty to), and one 9 years ago just prior to getting sober through AA. I am now back and fully engaging with all help, social work and am fully committed to my recovery in AA.
I believe my offence of driving the car with the children in the car which was deferred has been sent back to the procurator fiscal (I'm) in scotland . The charge was careless driving and wilful child neglect. ( I am unsure if this was section 12 or 1 offence has my social worker has once said section 12 and also section 1.
The charge of dropping my son I believe is a section 1 (but could be section 12).
I believe I was indicted (whatever that means). My bail conditions are only supervised access by a social worker and having to reside at a different address until my trial.
I am engaging with all services, and am doing well maintaining sobriety. Social work feedback has been positive and encouraging, and there have been an increase in visitation a few already, and some restrictions relaxed.
I was told that a case can take 1 year to come to trial, but they usually try to hear child protection cases quickly. Luckily my husband is fully supportive.
I am intending to plead guilty as I did place my children in danger, and I'm not willing to lie or deny in court.
My question being what will be my likely sentence. My fear is that it will be a prison sentence and that will be more time away from my children. Any ideas of best and worse case scenario????

[EDDIE51]

I assume from you post that you are currently only allowed supervised access to your children?
If so ( and with your record I can't see any other option) this supervised access will continue while you undergo treatment for your alcohol/ drug problems.
This could continue for several years. Further breaches or incidents involving alcohol or drugs may well result in your children being taken into care and you being denied access altogether.
In cases like this the overriding concern of the court is to do what ever is in 'the best interests of the children' . Every thing else including your wishes are secondary to that.
I can not see you getting a prison sentence but you ARE at risk of loosing the children. You need to follow the courts ruling about rehabilitation and make certain you do everything you are asked to do. This will be hard and probably will take several years but the interests of the children come first and if you relapse the court will decide that they are better off without you.

[Polarbear321]

Thank you for your response

[excelsior-1]

good evening Polarbear

i can confirm what EDDIE has told you - you face challenging times ahead, but i see from your text that you truly want to come out of the other side

may i wish you all well

[EDDIE51]

Polarbear best wishes from me as well. You have a big challenge ahead but the most important thing is that you realise that there are problems and are trying to sort yourself out. Feel free to come back on here anytime and ask for help and advice.

[Polarbear321]

Thank you both. I feel like the lowest of the low just now, but I know I can and will fully recover again. My biggest fear is a prision sentence. I should confirm its 2 separate charges within a 4 month period. And they are section 12(1) or section 12 part 1. I had a look on google at some law council guidelines and from reading these or look to me like a minimum of 26 weeks custody. My solicitor has been very un-forth coming about the possible outcome.
Thank you both again

[Polarbear321]

Sorry section 12(1) is a charge of child cruelty, wilful ill treatment or neglect

[EDDIE51]

With your history of drug and alcohol problems I do not think a charge of 'wilful ill treatment or cruelty' would succeed, your defence would be that the incidents were the result of your alcohol / drug problems. Alcoholism is recognised as an illness so the incidents of injury to the children would be classed as due to your being unwell and so not 'wilful' .
I would hope the court would see it that way and offer you help to overcome the problems by counselling/ therapy or whatever course of action the social services could provide. Punishing you in my opinion would only make the problems worse. It is very positive that your husband is supporting you in this as his help in overcoming the problems is vital.
This is a complicated case with a lot of past history to be taken into count and I think that is why your solicitor can not be more sure of the outcome.
You need to continue the progress you are making with the help of your husband and show the court that you really are determined to get better this time and become a good mother again. As I have already said it will be a long term struggle and will not be easy but the positive attitude you show by posting on here and asking for help shows you are making a good start.
Please continue in the same way and hopefully we will hear better news soon.

[Polarbear321]

Thank you EDDIE51. It's kind of you to take the time to reply. Could I ask - do you have an interest in law or are you trained/work within the law/court system?
Best wishes - Rachel

[EDDIE51]

No training, just what I have learnt from life and on AB . Family members have had dealings with family courts though on several occasions so I have some first hand experience .