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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27988
Experience:  10+ years defending Misdemeanor and Felony cases.
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My son has a date to appear in court 9/28/15. He is assigned

Customer Question

my son has a date to appear in court 9/28/15. He is assigned a public defender but we are unable to get in contact with him. The public defender was to call my son on a certain day and time but never did. My son is charged with resisting arrest and attempting to stike an officer. He has a history of mental illness and is on the autism specturm (23yrs old). He was in a psychotic state and was paranoid. He does not remember anything but i witnessed and was part of trying to get him under control. I want the judge to know this. He is currently on medications and therapy. Can we request alternative sentencing. This is in the state of florida, broward co. Thanks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

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.

Expert:  CrimDefense replied 1 year ago.

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!