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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118664
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Disabled (brain damaged) person facing charges of

Customer Question

Disabled (brain damaged) person facing charges of trespassing and hitting car and running faces jail time. Has had several run ins with accuser(family member living on same land and possible psychopath). She never hit the vehicle. They(anyone involved) never told her that easement became their land(possible trust violation). She becomes hysterical when interviewed about possible psychopath. What can we do to help her right now?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to charge her with hit and run they need some actual evidence she hit the vehicle, first and foremost. If you are saying she never hit the vehicle, then the evidence should prove that out. As far as her brain damage, you also need to get her attorney to get the court to order a mental health evaluation if she will not go for one on her own, because the prosecutor would need that information to properly decide on whether or not to pursue charges against her.
If the prosecutor gets evidence that her brain injury is causing mental health issues which may be involved in this matter, then they would generally dismiss the case as long as she is in treatment. The court can even force her into treatment if she refuses.
However, the only way to help her is to make sure she has an attorney and make sure that she gets a mental health evaluation on both her and the other party if the other party you also believe may have some mental health issues, for her attorney to be able to properly defend her. You also need to get whatever evidence you have together to show that the vehicle was never hit by her.
You are going to have to show that the person making these allegations is also suffering from some mental health issues or that there is a legal easement and that this person is maliciously prosecuting her.
If you can show the charges are brought falsely, you can also sue the accuser for malicious prosecution and seek money damages for the emotional distress and legal costs for having to defend against the false charges.