My friend is in a very difficult situation right now. Her 23 year old brother has been diagnosed with schizophrenia and bi-polar disease a few years ago and is getting worse everyday even with medication. Recently, he hit a young girl and her family will be pressing charges. He will be tried for felony and from what I’ve heard; it will be very difficult to get it down to a misdemeanor. Right now, he is in jail waiting for his trial in 3 weeks. He gets his medications everyday in jail, but has gotten many scars (from fighting) and has lost some weight. My friend is willing to do anything to help out her brother, but getting a good lawyer will be very expensive. She’s not in the best financial situation and would like some advice… 1) How much would a “good” lawyer cost? 2) What would be a realistic sentence for him with his appointed lawyer? 3) How would a good lawyer affect his sentence if it could be done? 4) Is it worth it getting a lawyer? 5) If he is left in jail, would they put him in a state mental hospital? If not, then what would happen? Thanks a lot guys.
i was under the impression if someone has a mental disorder they are not responsible for their actions at the time of the incident.
Was it aggravated assault (ie was their serious bodily injury or the use of a weapon in the assault)? That would be a felony, although to my understanding assault is only a misdemeanor. If the girl was a minor that may change things, however.
The girl he assulted is about 8 years old. I just talked to my friend and she said that her brother kicked the little girl and she "flew". She does not have the full details because she wasn't there and her brother isn't a reliable source.
I dont know much about law and certainly not much about the law in this situation. However, I do know that the insanity defense/mental illness aspect which would probably be invoked in this situation works in the following manner. 1. you have to prove that at the time of the event, the defendant had a mental illness that impaired judgement in this manner. 2. that he was taking all necessary medication and doing all possible medical treatments. 3. that at the time of the incident, he was unable to distinguish between right and wrong and consequently did not intentionally and knowingly commit this act. 4. I think generally knowadays juries determine whether or not the defendant is insane or not which means the burden falls more on the lawyer because juries tend to be swayed more by a good story by your lawyer as opposed to a judge who may be more inclined to take a more strict and legal approach. Hope that helps
He definately needs a lawyer. I hope your friend's brother gets the help he needs, but to be honest, he needs to be somewhere other than out in public if he is kicking little girls hard enough for them to leave the ground (or at all). In other words, the guy needs institutional help. His best case scenario is that the judge sentences him to manditory treatment. There is help for people like him.
I tried to warn you... Sincerely, seriously, though, good luck finding a lawyer who believes in him...
If you can afford a lawyer, you should get one. The trial is a big chessmatch and you need someone who knows how to play. Assult of a child is a Felony. Depending on the state of the parents (how angry they are), that will sway how agressive the ADA will be.
I hope the parents are very angry. Kicking an 8 year old for any reason is unacceptable. I hope he gets some help - but until something is resolved he shouldn't be in public.
I have a friend who is an assistant district attorney. I asked her similar questions about a family violence case in my extended family. The advice was to get the best lawyer you can afford. A felony is very serious. None of the questions you asked can be answered accurately by anyone but an experienced criminal attorney. I wouldn't trust an appointed lawyer if I was facing ANY jailtime, yet alone a felony.
He needs to hire an attorney, and get the best one he can find, but honestly I hope he gets whatever he has coming, and that it results in him being put somewhere he can't harm children, either in jail or in a mental institution.
I think the child's parents saw the whole thing, but nobody knows for sure since my friend's brother doesn't what he's talking about half of the time. His reason for kicking the child is that the child flicked him off, but she's around 8 years old and I don't think such a young girl would do that.
My friend really wants her brother to be in a mental hospital, but she doesn't know if he needs to be released from jail first. If he is jailed, would they automatically put him in a mental hospital? This would save them a lot of trouble from finding an attorney.
