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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 32817
Experience:  16 yrs. of experience including criminal law.
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I had severe mental issues a ye ago and went to my neighbors

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I had severe mental issues a ye ago and went to my neighbors house with gasoline and was charged with arson 1st and 5 counts of wanton endangerment. I spent 2 months in a mental institute and am in a counciling center on treatment. I have alot of mental health records in the state of ky.
What will my sentence be.
So far they have plead me not guilty?
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question

In order to sentence, they must first obtain a conviction. What you describe are very serious crimes...but typically the prosecution will offer a plea bargain. Can you tell me, is the state offering you a plea deal?
Customer: replied 3 years ago.
I see I haven't gotten to that point yet I'm still waiting on the grand jury to find me guilty
Ahh...thank you.

The grand jury can NOT find you guilty or not guilty. The grand jury can only issue an indictment for a crime and can only do this if it finds based upon the evidence that has been presented to it that there is probable cause to believe that a crime has been committed by a criminal suspect.

That said, the defense is not permitted to present evidence to the grand if the state is bringing the case, often times the grand jury will indict.

Tell me this

1. Was a fire actually started?

2. Was anyone injured?

3. Has a doctor provided an opinion of your competency (sanity) at the time of this event?
Customer: replied 3 years ago.
I was videoed lighting there door with no damage.
I then went home. I have no memory of this as I was In a severe state of psychological distress.
I was found incompetent by 3 doctors
Thank you

Your mental status (both today and at the time of the alleged crime) will be a significant factor in this.

Specifically, if you were incompetent at the time of the offense, it may be that you can be acquitted (found not guilty) by reason of insanity.

That said, the insanity defense is a difficult route to take for a criminal defendant. For several reasons.

First, in KY, the state uses the Model Penal Code rule. The burden of proof is on the defendant. Under this rule, an individual is not liable for criminal offenses if, when he or she committed the crime or crimes, the individual suffered from a mental disease or defect that resulted in the individual lacking the substantial capacity to appreciate the wrongfulness of his or her actions or to conform his or her actions to requirements under the law.

This can be tough for the defendant, since unlike a normal criminal trial, where the state must prove guilt, beyond a reasonable doubt, to escape conviction of the insanity defense, the defendant must prove they were insane at the time.

Also, even if they win? The do not walk free...the defendant may escape conviction, but if they will by proving they were insane, they can be sent to a mental institution where they are to be held until staff at the institution certify them as "no longer insane".

So, for example, in a case where the possible sentence for criminal misconduct is, say, 5 years, and a person is acquitted by reason of insanity, it could be they serve more than 10 years in a mental institution.

Still, the fact you have doctors who believe you are/were not competent can help your case. It may help convince the prosecution to give you a lower sentence in a plea agreement.

After the grand jury comes back with an indictment, I would expect the prosecutor to offer you a plea bargain. If you have no prior convictions and no one was injured, it may be the offer you a plea deal for little or no jail time, provided you agree to received treatment for your mental health issues. This is very common for defendants who are facing criminal charges but who have significant mental health issues. In a typical case the state will agree to probation for several years, and a requirement that the defendant undergo mental health treatment during the probation.

I would work with your lawyer to try and negotiate a sentence that does not include jail time, but allows you to continue to received mental health treatment and remain on probation during that timeframe

Please let me know if you have more questions...happy to assist if I can
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