Legal Question in Criminal Law in California
My 21 year old son was arrested in San Diego county for VC 2800.2(a) which ended with him fianlly stopping. No accident, No injury, He hadn't committed a crime , NO weapons, or drugs in the car. Just a Del Taco bag and french fries.. No Dui.
He was 60 miles from our home, lost, scared, and was having his first ever psychotic bi-polar-schizophrenic episode, which mitiagted the evasion. He was sent to Patton State Hospital. He IS COMPETENT to face charges now and is being transfered back to San Diego Jail for a court date .
He's worried he'd have to do more jail time or be sent to prison. Will he?
Also, he had his arm broken by an inmate in San Diego Jail, which required surgery and steel plates. Can he receive disability benefits now, since he won't ever be able to use his arm to full capacity again?
1 Answer from Attorneys
Without completely reviewing the facts of the case, there is no way to know whether he will do additional jail time or prison time. Vehicle Code �2800.2 can be charged as a felony, which carries up to three years in state prison, or a misdemeanor with a maximum sentence of a year in jail.
The court must also decide whether the officials at Patton were correct that your son is competent. I have represented many clients who have mental health issues, and I sometimes find that state hospitals teach a client to give certain responses to questions, then certify them as competent, when the client still does not understand the charges and cannot meaningfully participate in their defense.
Your son should discuss these issues with his attorney in San Diego.
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