Our son has a sleeping disorder and is mentally retarded with an IQ below 70.Recently he left the house in the middle of the night and got into 12 cars.He took petty little things of intrest to him,nothing of any great value.Only one person signed a complaint,but he now has 12 felony burgulary charges.We have done an incompentency evaluation and he was diagnosed incompatent to stand trial.So now they want him to be sent to a mental institution so they can make him competent.This law could apply to someone with pyscological problems but there is no cure for mental retardation.Please help us we have only till Oct. 3 to come up with a defense.We live in Kansas.
2006-09-27 03:22:06 · 11 answers · asked by don_steele54 6 in Politics & Government ➔ Law & Ethics
Contact the National Alliance on Mentally Illness. They have programs dealing with police/legal contacts with the mentally disabled.
Their national web page is:
http://www.nami.org/
Their Kansas web page is:
http://www.nami.org/MSTemplate.cfm?Section=Homepage13&Site=NAMI_Kansas&Template=/ContentManagement/ContentDisplay.cfm&ContentID=37209
They also have chapters in the major cities, but I don't know where you are so just google NAMI and Kansas and they will be listed.
If 11 of the people said they would not testify, then those cases cannot be presented, so your public defender should demand those charges be dismissed, which you will have to demand he do, since that is not politic.
Further rather than a finding of incompetency to stand trial, the public defender should demand a finding of not guilty. Since the standard for a finding of not guilty IN THIS CASE is the same as the standard for for a finding of not fit to stand trial, that should be possible.
However, I think the press option is good and that NAMI can help with that.
Good luck,
2006-09-29 07:07:17 · answer #1 · answered by rehabob 4 · 2⤊ 0⤋
What an unfortunate situation! I hope you, your son and your family will come through this problem without serious damage. You do need a lawyer, also you may get the court to appoint a guardian ad litem who may in that position have assets available that aren't available to individuals. In the big picture I suggest that you appreciate that the court has your son's interest in mind BUT must also protect the public. Since he was able to escape your attention and could have been harmed himself or done greater damaage than he did, maybe he should now be in a lock down group home for a while or even an institute. This could help you and him in the long run. Perhaps with stringent, constant reinforcement he will learn rules and standards that will allow him to later live a 'normal' life (as much as possible with his handicap). I do wish you the best in this.
2006-09-27 03:44:45 · answer #2 · answered by Nightstalker1967 4 · 2⤊ 0⤋
hichefhei... has the right start also contact the alliance for the mentally ill and any other support groups that you can find in the phone book or net. You want someone to make this an issue. Local radio talk show hosts or newspaper columnists are also on the lookout for situations to stand up for. Keep trying all of the suggested resources. Every time you take to someone always end by saying "Who else do you think I should call" Good luck!
2006-09-27 03:33:52 · answer #3 · answered by oldhippypaul 6 · 1⤊ 0⤋
I don't think the ACLU is your answer--they only support the bad guys, but I do think it is a great idea to get reporters and your local news involved. My guess is that someone will take your case for free since his case is an unusual one and they will get free publicity. The only problem you might have is if you were aware that he was doing this regularly and did not try to stop him. But then I would think they would come after you more than your son. I'll say a prayer for you right now--please let us know when they drop the charges.
2006-09-27 03:47:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
This is a situation of law going crazy. There are a lot of advocacy groups that could help you. File for an injunction to stop the course of action they are taking and contact your local news channel so people in your area know about this injustice. Sometimes one voice can rally thousands. I wish you the best of luck.
2006-09-27 04:10:32 · answer #5 · answered by LILLIE B 2 · 0⤊ 0⤋
My advice is to speak to a lawyer and the best, most inexpensive way to do this is through Pre-Paid Legal Services. For more information visit the website below, and feel free to contact me through that site if you have further questions on how this service may be able to help you. I encourage you to find out what your rights and options are in this situation. If you sign up today you can ask your question tomorrow.
I wish you the best of luck.
http://www.getprotectedhere.com
2006-09-27 04:11:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Call, email and personally meet with the press, and then get a good lawyer. If you can't afford one, then call and get a good one anyway, and they'll probably do it pro bono just for the publicity. Either way, get your story out there and fight with all that you can to keep this from happening! I wish you all the best, and you are in my prayers. Keep me posted on your progress. You can email me through Yahoo Answers.
2006-09-27 03:33:41 · answer #7 · answered by Nille 2 · 1⤊ 0⤋
get yourself a lawyer, call the ACLU, call the local papers, ANYONE who will listen, and rally support around you. It's an election year, and no DA is going to want that bad press. I'm sorry for your predicament. That isn't right.
2006-09-27 03:26:39 · answer #8 · answered by hichefheidi 6 · 1⤊ 1⤋
Call the Kansas ACLU. That's your best bet. They do pro bono work.
2006-09-27 03:30:11 · answer #9 · answered by Anonymous · 0⤊ 1⤋
You need to hire an attorney. If you can't afford one, you need to get a state appointed attorney.
2006-09-27 03:28:55 · answer #10 · answered by Anonymous · 1⤊ 0⤋