Legal Question in Criminal Law in California

Re: Is Plea of Diminshed Capacity More Viable Than Guilty?

Actually, the defense of diminished capacity no longer exists in California. But wait-- there's more.

Your condidition IS an important factor in mitigation; in a practical sense, it very closely resembles a defense. It will be important for your defense to compile as much documentary evidence of your prior diagnosis as possible. This will assist your attorney in defending you and obtaining the best possible disposition of your matter.

The charge and subsequent conviction, if any, can very well adversely affect you professionally. However, it does not mean that it must destroy you. Quite the contrary, but it will take some effort on your part to show you can conform to societal standards.

For example, for a professional license, such as for the practice of law, the licensing agency will scrutinize any applicant to determine fitness to carry out the licensed activity. Your bi-polar disorder could be troublesome, but not fatal. The same is true for any criminal conviction. There is no hard and fast rule concerning all licenses and such problems. But if any "rule" does exist, it is that virtually all crimes of "moral turpitude" (theft crimes, etc. showing moral depravity of some degree-- NOT violent crimes) will be very troublesome. Also, the more remote in time the conviction or problem, the less likely it will be to result in your having been refused a license.

If I can be of further assistance, feel free to email me directly at [email protected]. Good luck.

Kindest regards,

JACQUELINE GOODMAN RUBIO

Attorney at Law