Thank you for the opportunity to assist you.
Q) In courts, how is it looked at when someone has over medicated themselves and doesn't remember a lot of the things he did
This cuts both ways.
On the one hand, when a person is medicated on certain types of drugs (especially Xanax or similar mood altering drugs) they often do things they wouldn't. That's because people's inhibitions are lowered and they have an easier time doing things they might not do normally. This leads to the argument that your husband would NEVER have done what he did had he been in his "right mind" and stone cold sober at the time of the alleged attack.
However, when a person can't remember much about an event (for whatever reason) they can't really present much helpful information to the judge or jury in terms of testimony. When that happens to an accused, he's left with only the prosecutor's witnesses to testify, which is generally not helpful to him (the accused.)
Q) He was not in his right mind and things continued to get out of hand even after the police had left. Just wondering how courts look on this
Per the TX penal code section 8.04
, a person's voluntary intoxication
is not a defense to a crime. It could help lessen the punishment. Other things like his remorse and regret will help him to lessen the punishment if he's convicted.
Q) This man needs help, not prison or jail. He needs to recognize the problem and seek help for it. Do courts take that into consideration
Absolutely. See if your husband's attorney can get him into some sort of alternative punishment program, such as drug court, substance abuse treatment, probation, mental health treatment (addiction is a mental illness), etc.
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