Legal Question in Criminal Law in California

help with adult w autism charged with terroirst threat felony

My 25 yr old son was arrested in 3-07 for emailing the police dept. pretending that he was from one apt. threatening another apt. He did this over a few months, but we have never seen the police report. At his arraignment in July the judge entered a not guilty plea for my son. The next ct date we met briefly w the public defender for the 1st time. He admitted that he & the judge hoped that the DA would dismiss this, but the DA hadn't. They now want my son to undergo psych testing w a ct. app'ted psych for competency.We still have not met w the public defender, nor have we heard from the court/psych to schedule that app't. My son is a consumer at the Inland Regional Center, they do not rep. their consumers & are little help. My son is diagnosed with infantile autism, although graduated from reg.ed with a 2.9 GPA but the behaviors, lack of social skills are typical of autism. He lives with us full time, works 15 hours/wk. I want the case dismissed, he was ''playing'' a game w the PD with no one else even knowing they were being ''threatened'' because it was a game. He knows now that it was wrong. The court dates have been going on for over 6 mo. Are there special/certain laws for autistic people? Please help us. Thank you!


Asked on 7/24/07, 12:21 am

1 Answer from Attorneys
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: help with adult w autism charged with terroirst threat felony

There are no "special" laws for individuals with mental disabilities. They are entitled to the same defense as anyone. However, their mental condition becomes part of that defense. You need to discuss what the best strategy is for your son with his public defender. If you are not satisfied with the attention your son is receiving, you should consider hiring your own private lawyer. It appears that he might need some kind of evaluation as part of his defense. However, these evalutations take time. While everyone wants their case dismissed, that is not reality. There have to be very specific reasons under the law for dismissing the case. Otherwise, as long as the prosecutor wants to continue with the case, it will continue.

Again, if you are dissatisfied with the representation your son is receiving, you need to hire a private lawyer for him.

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Answered on 7/24/07, 2:10 pm


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