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LawHelpNow, Attorney/Lawyer
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My husband was arrested yesterday for domestic assult, which

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My husband was arrested yesterday for domestic assult, which I just found out they are chaging him with 2nd degree domestic assult. The bad part is, I was not aware that he was being taken to jail. He has been diagnosed with bipolar disorder and was off his meds. We got into an argument and I called mental health services to see if they could calm him down. Instead, they called the police. I told the police what happened and they told me that they would take him in, get him a mental health assessment and get him on his medicadtion. None of that has happened and he is now just sitting in jail waiting to go to court on Monday to se if they will set bail. My question is, what can I do now? I never pressed any charges and I really just think he needs to go to a mental health facility and get on meds.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 5 years ago.
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QUESTION: "My question is, what can I do now?"

ANSWER: I am truly sorry for your most distressing circumstances. I have personally worked within the field of corrections. You are to be commend for caring and wanting to help your husband. Here is how this works. Rather than doing you the disservice of misleading you, I will speak candidly. It makes no difference whether or not you press charges. The case will continue, or not, solely at the discretion of the prosecutor. It is the legal duty of the facility -- not you, not your husband -- to provide him with medical care (including mental health treatment) at the same standard available in the outside community, period. On the other hand, they are required, by law, to secure a signed, written release to even discuss his mental and/or physical condition with you. Otherwise, they are violating the law, even in light of his past history. The next time you speak with him, hopefully over the weekend if at all possible, if he has not already done so, it is imperative that he kite (submit a written interview request) to the medical department as well as his housing unit staff. If he is not given a decision on a mental health assessment and treatment on Monday, his next step is to file a formal grievance. This all has to be originated by him, not you, and once/if it reaches the formal grievance stage, the time table starts and administration will be unable to ignore the issue. Barring some truly serious manifestations, meaning harm to self/others, nothing is going to change over the weekend, period. I wish the system operated differently, no arguments here, please believe me, but it simply does not do so. I regret being the bearer of what is, while entirely accurate, admittedly discouraging news.

I truly hope all works out for you and your husband. After you rate my answer (look for smiley faces and/or stars plus possibly a green "Submit" button), our conversation need not end. I would be happy to continue our dialog, without further charge, until you are fully satisfied. I promise to check back periodically for any updated posts from you each time I return to this online venue.

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