Legal Question in Criminal Law in California
If I have a morphine pump INSIDE my body that constantly delivers pain medicine into my spinal column, placed there because I broke my back, and it causes me to be forgetful and somewhat confused, now I'm being accused of stealing plant food I could've sworn I paid for with the rest of my purchases, do I have a misdemeanor petty theft case that has a chance of dismissal in California do you think? Thanks!
2 Answers from Attorneys
Dismissal? Not likely. But you might be acquitted at trial.
It's possible that the D.A. would dismiss the charge if she understood more about your condition. But you should not try to talk to her about the case at all. Instead, you should have your attorney do it for you. If you can't afford to hire a lawyer, the court will appoint one for you.
Good luck.
Chance? Sure.
Likelihood? No one could guarantee that.
Yes, it is an arguable defense your attorney can use if supported by your doctor's reports, but the DA and judge are going to consider that this permanent condition would then be the excuse for you to go do other illegal things and again raise the same defense. Your attorney is going to have to be able to convince them it is unlikely to happen again. What will your basis be for that argument if you couldn't control yourself this time? Think it through.
If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help, using whatever defenses and facts there may be.
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