Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. I certainly understand the situation and your concern. His PD will speak with him on Monday, when he appears. If he does have this history, his attorney needs to know and he may want him evaluated or to obtain records to substantiate the claim, which can be shown to the State Attorney, which could be a mitigating factor. They would need to see that he did not know what he was doing and his actions were a result of his mental illness. The Judge needs to know this if there is an issue with the plea that is presented to the court or if the case goes to trial and is raised as a defense and as a factor to consider, if a sentence is imposed. Any type of sentencing would be part of a plea deal at this time and is between your son and the prosecutor. Of course, if your son has to plea open to the court, then this could be introduced as well.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!