Legal Question in Criminal Law in Texas

Mentally ill and arrested

My son (19) having yet another schitzophrenic episode, about 15th one in the last two years was arrested for resisting arrest and supposedly he was reaching for the offices gun during the struggle. He did not harm anyone, but he did call the 911 saying we are invading his house, poisoning the air,I am not his mother and so on and so on. His hospital records clearly indicate his state of mind and illness. His court appointed attorney is not returning any of my calls, said that my son looks ''allright'' even though I am seeking guardianship for my son. I am scared my son is not getting proper defense, and he will get a jail sentence, receive no medical treatment and get into the hopeless Texas system. What can I do? Can I talk to the judge? The DA, to make them aware of the medical history and who called the cops to our home in the first place?


Asked on 10/11/05, 2:44 pm

1 Answer from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Mentally ill and arrested

It sounds like your son's court appointed attorney isn't doing his job.

Unfortunately this occurs on a daily basis.

As for what you can do? You need to hire an attorney for your son that is familiar with insanity defenses.

The issue must be raised in court that on the date he committed the crime he didn't understand the consequences of his actions.

It seems to me that the doctors that have been treating him should be subpoenaed to court to testify about his mental status.

I successfully tried and insanity defense in Smith County recently and received a not guilty verdict.

If I can be of any further help please feel free to contact me.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE CRIMINAL DEFENSE

STATE WIDE TRAFFIC DEFENSE

TylerJustice.com

9035939100

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Answered on 10/12/05, 12:41 pm


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