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Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Please refer to my previous posts as to what has occurred with my husband receiving aggravated assault with deadly weapon charge....in courts how is it looked at someone had overmedicated themselves (which happened to my husband) and he doesn't remember a lot of the things he did....just wondering how that is looked at in the courts or if any of that is taken into consideration...When the police were called out the first time earlier in the day when I could not calm my husband down, I told them I wanted them to help me find a way to get to the hospital as he needed some help and was intoxicated on Xanax (a valid prescription from doctor)....I told them that I didn't want him to go to jail but that I wanted to find a way to get him to a hospital....they left me with him in which 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 (I know it is probably looked on like he chose to do what he did, etc), but he has been a person that has been through a lot, was going through a depression and overmedicated himself on Xanax and doesn't remember a lot of what happened and is extremely remorseful...just wondering how any of this in taken into consideration as this was completely out of the norm for him....he has always been nothing but a wonderful father and husband....he has just the last year and a half been on a downward spiral of depression after a major life event in his family happened to him....I wanted him to get help rather than have him sent to jail....I already had educated myself by reading many things over the internet in regards ***** ***** abuse and it includes blackouts amongst many other terrible cognitive things...I know he has a problem with anxiety but during the 20+ years we have been married and he has taken Xanax I never knew it which means he was doing it the right way....but after a very traumatic life event that just occurred a year or so ago and after his mother died and things that happened in his family (basically lost all his family after an estate battle) he began using Xanax and although it hasn't caused problems all the time he has taken it (other than me noticing a difference in his normal personality) there have been times he has overmedicated himself and this incident that happened of which I am speaking about in my posts is a time that he had overmedicated himself and has not much recollection of what occurred that day....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?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 1 year ago.
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.

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. Otherwise, I hope you'll rate my answer positively so that I can receive credit for my work. Doing so will NOT cost you any additional fee.

Best wishes,<br/Customer

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