Criminal Law Questions? Ask a Criminal Lawyer.
Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.
I'm very sorry to hear about your family's situation.
Right now, placement in a mental institution for treatment is going to be out of reach. They usually won't take patients while they have pending criminal charges. At this point, the focus will have to be on taking care of the criminal charge. Your son will be appointed an attorney most likely (if this is a felony) and may even get one if it is a misdemeanor. Either way, his mental state at the time of the assault will be an issue and can be used in his defense.
Once the criminal case is over, you may want to look into an involuntary commitment. If he is a danger to himself or others, he can be committed against his will to a State facility for treatment. You would need to speak to your local family law court about this - but again you'll need to take care of the criminal case first.
We live in Illinois, the Gov. has closed all the mental hospitals, only acute care is available, and they use the nursing homes for the mentally ill here. The beds are usually all taken especially since all the facilities were closed. He was doing well at the nursing home overall.
Should I bring documentation of all his hospitalizations to court on Thursday? He is on SSDI for the mental illness.
You won't need them Thursday because it is just his arraignment. He will plead not guilty and either be assigned an attorney or given a court date for his misdemeanor trial. You'll need to show his attorney the papers though.
At the arraignment trial?
It's not a trial. He will just plead guilty and get a court date. If he gets an attorney, it will be a good time to give him those papers.
I'm sorry, *not guilty.
Also, it may be prudent to speak with the step sister about possibly dropping the charges. If she knows his history, it would be a greater benefit to him to get mental help instead of criminal punishment.
He should plead not guilty even though he did hit her?
Every defendant pleads not guilty at arraignment.
She is not pressing charges.
The state is going forward with the charges and will need her to testify in order to convict him. If she is not pressing charges, she needs to contact the state and tell them that she will not be assisting in the prosecution.
Without her, getting a conviction is much harder.
If I can answer anything further, let me know. Remember, I'm here to help and your satisfaction is guaranteed. If you don't have any questions and you valued my time, I'd ask you to consider rating me positively. Take care,Michael
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