Legal Question in Criminal Law in California
I would like to know if a mentally disabled person (bi-polar) gets arrested, is released on site with a promise to appear (charge was petty theft) tells counsel before first appearance that incident was apart of a manic episode is counsel obligated to see that, providing information about the mental disorder is true, he or she be seen in a court room that is knowledgeable in these matters. i.e. Bi-polar etc,..
2 Answers from Attorneys
So what? The voices inside your head told you to shoplift from Wal-Mart? Lots of people with mental disorders commit crimes. Usually it isn't an excuse, but the defendant's lawyer can and should bring up the issue at sentencing.
Actual insanity (which the law defines as the inability to distinguish between right and wrong) is a defense to most crimes, but other psychiatric conditions are not. And there are no specialized courts for dealing with mentally ill defendants.