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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31593
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was arrested shoplifting. I have no memory. My doctor had

Customer Question

I was arrested shoplifting. I have no memory. My doctor had just changed my medication after childbirth and it made me forget 2 weeks of life. I even wound up in psych ward days after arrest. Can I be found innocent of this?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'm a Criminal Law litigation attorney in Mississippi. Thanks for your question. I'll be glad to assist.
In order to be guilty of a crime, there must be mens rea - - or criminal intent. So, if you were mentally incapacitated at the time this occurred, it may be possible to have the charges dropped or dismissed by the court. However, in order to prevail on this, you will need testimony from your treating physician that you were mentally incompetent and that there was no way that you could have known what you were doing. If you can get your doctor to testify to this, then the judge likely would give you the benefit of the doubt and dismiss the matter - - especially if this is a first offense.
Customer: replied 2 years ago.
I am not a patient of his any longer. Would my medication list and documentation that I wound up in psych ward help at all?
Customer: replied 2 years ago.
My medical list would show the medication change and when....?
Customer: replied 2 years ago.
Also I'm representing myself. I'm 9 months pregnant with a 1 yr old and deceased family so no help. It's a 2nd offense. What other options might I have? I just don't want my kids to suffer from my mistake and i honestly don't remember the act.
Expert:  Roger replied 2 years ago.
The medication list would not be relevant without a doctor there to testify about what the medication does to the judge nor the lawyers can assume the affects the medication may have had.
Also, the fact that you ended up in a psych ward would help establish that you're telling the truth, but it would not be outcome-determinative proof. You would need a doctor to testify about your particular mental state at the time - - and not what the medication could have done as that is not specific enough to you.
Customer: replied 2 years ago.
What about printing of medical side effects of the medication? I've already plead not guilty. Can I do pretrial diversion if found guilty? What can I bargain? Anything to help is appreciated. I've punished myself filing a notebook of writing front and back about this mistake. I'm not trying to get out of punishment I deserve. Just jail time when my children need me
Expert:  Roger replied 2 years ago.
The possible side effects isn't good enough proof to get you out of the deal. You must prove that the possible side effects actually occurred with you at the time of the offense. Your best way to get out of this deal is to get the doctor to say that you were not capable of knowing what you were doing at the time of the incident.
If you work out a deal with the prosecutor, it could result in pre-trial diversion or a plea agreement.....but jail time is not likely even if you don't work out a deal with the prosecutor. However, jail time certainly is possible, so it's to be taken seriously.
The best option is to get the doctor to testify about your mental state, but if you can't do that, then your second best option is to try and work a deal with the prosecutor.
Customer: replied 2 years ago.
When do i get a chance to discuss things with the prosecutor? Before court or do I ask the judge?
Expert:  Roger replied 2 years ago.
I assume this is in justice court.....and in that case, you can contact the prosecutor and see if he/she will discuss a deal with you. If he/she won't speak with you before court, you'll just have to speak with the prosecutor before your hearing on the court date.
Customer: replied 2 years ago.
The 1st offense I didn't steal anything. They found nothing and sheet being threatened with my child I finally said fine I threw it away and was arrested... how doi handle this one asi pled not guilty again. Both pending
Expert:  Roger replied 2 years ago.
It's fine to plead not guilty as you can always change that. You can change your plea and enter a plea deal with the prosecutor......after you get something worked out.
Also, you can try to beat the charge if you can get the doctor to testify.
Customer: replied 2 years ago.
Can I and how do I beat the charge where I didn't steal anything? I just said I did and threw it away after being threatened after I Dais I didn't do out for an hour. I let them search me, my purse and my truck. Nothing was found but the cop would not stop
Expert:  Roger replied 2 years ago.
I can't say exactly how to beat the charge - but the best is to get the doctor to testify.
Also, the facts of your case will help......and if what you say is true, then you may beat the charge based simply on the facts.