Legal Question in Criminal Law in California

My brother in law has been inprisoned awaiting trial for 1 year now, pending torture and child abuse chargers. He has been to Iraq and Aphganistan 3 times since he entered the Marine Corps in 2006, these charges supposedly happened after he got back the last time in Nov 2010. He has always been great with my 3 kids and other kids, he doesnot seem like the team to ever do anything that he's being charged with. However due to his deployment we believe it could be PTSD. He was diagnosed with it, however his attorney does not want to bring it up because it might lead them to believe he is guilty. Does this make sense? Is there somethign he could do. He's facing life unless he takes a plea for 12 years. Theres gotta be someother way, he's served his country for 5 years and never hurt a fly before the Marine Corps. Came close to death several times for his country, they cant treat him like this. We believe his girlfriend (the childs mother did it) but there is no way to prove it.. or is there? are we using the wrong attorney? please help.. my husband and his family are destroyed over this, out of 4 brothers he is the least one to have done this(knowing him before he went to Iraq since he was 13-it seems unlike him).


Asked on 1/06/12, 9:09 pm

3 Answers from Attorneys
David M. Wallin Law Offices OF David M. Wallin

At first blush, the position that 1 is innocent of a charge, and to then bring in PTSD , I can see how the 2 are inconsistent. However without the facts and how you believe the PTSD would support the position of innocence, I can't really analyze the case. I would have to know all the facts and the possible defenses and the background of the person you feel is at the heart of these allegations. I would need a few hours or more to sit down with you or family members, to discuss the facts and the backgrounds of the involved persons, and the relationships of all the parties before any opinions could be reached and defenses discussed. If you want to have the family discuss all the above, you may contact me at one of my offices. I wish you well........David Wallin

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Answered on 1/06/12, 9:29 pm
Glen Fleetwood Mister DUI-800-468-2-502

It is essential you DO NOTHING to affect his case.

You could ruin your brother in law's life.

The lawyer seems to think there is lack of proof he did it. So why introduce evidence of "why he did it" (PTSD) if the FA cannot prove he did it. You need to recalculate, he is not facing

"life unless he takes a plea of 12 years."

No.

He has a choice of going to trial and maybe, being found NOT GUILTY and walking away. Going home, no 12 years, no life no nothing. THOSE ARE HIS CHOICES.

The lawyer probably has contingent plans that if the trial falls through (guilty verdict) at sentencing he can present evidence of PTSD. But not before, because "He did it but he has PTSD" means HE IS GUILTY, go to prison. PTSD does not excuse child abuse or torture.

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Answered on 1/06/12, 9:32 pm


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