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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90072
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Days without Paxil and Xanix

Resolved Question:

Had the flu/ forgot to take my daily prescribed paxil & xanix for 5 days/had several nights of sleep deprivation, vomiting/intense diarrahea and didn't eat for several days. Shopping w/my husband, apparently I took tags off (3) necklaces ($50.00)/that I don't remember doing whatsoever & put them in my purse. He purchased other items/I don't remember. A store detective detained us/I fainted in the store (paramedics came)/did not recognize my husband for several minutes. I am simply blank regarding several events that my husband told me we did that day.

Do I have any defense due to complete memory loss of the incident and most of that day.

Submitted: 12 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Yes, this is a legal defense, but in order to avail yourself of the defense and use it, you would have to have a doctor and they will have to testify to the effects of your condition and not taking the medications prescribed to verify the memory loss as a valid medical condition. A doctor's testimony is required to prove this condition because the "I don't remember" defense has been used so much in court and the courts require medical evidence to substantiate such a claim.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90072
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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