Legal Question in Criminal Law in California

Diminished Capacity

My husband has an extensive arrest record. He is a disabled veteran with brain damage and bipolar disorder. I believe he has diminished capacity. Can you give me information on this type of defense or can you direct me to how I might research it?

Thank you.


Asked on 1/23/04, 10:13 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Diminished Capacity

You say 'defense', implying that he is currently charged with a crime. If that is true, then he is going to need an experienced criminal defense attorney to present a very difficult defense strategy. You can research it at the local law library or on-line, but unless you are an attorney, you won't be able to represent him and use what you find. If he has diminished capacity, he won't be able to use it either - if he does a good job, he proves isn't diminished; if he does a bad job, he loses the case anyway. Get an attorney. call the local lawyer referral service or ask for a public defender.

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Answered on 1/26/04, 1:43 pm


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