Legal Question in Criminal Law in California

I would like to know if a mentally disabled person (bi-polar) gets arrested, is released on site with a promise to appear (charge was petty theft) tells counsel before first appearance that incident was apart of a manic episode is counsel obligated to see that, providing information about the mental disorder is true, he or she be seen in a court room that is knowledgeable in these matters. i.e. Bi-polar etc,..


Asked on 4/17/10, 5:33 am

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

So what? The voices inside your head told you to shoplift from Wal-Mart? Lots of people with mental disorders commit crimes. Usually it isn't an excuse, but the defendant's lawyer can and should bring up the issue at sentencing.

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Answered on 4/22/10, 11:13 am
Edward Hoffman Law Offices of Edward A. Hoffman

Actual insanity (which the law defines as the inability to distinguish between right and wrong) is a defense to most crimes, but other psychiatric conditions are not. And there are no specialized courts for dealing with mentally ill defendants.

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Answered on 4/22/10, 12:40 pm


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