Legal Question in Criminal Law in California

sentenced on prozac

My friends 23yrs old son was arrested .While in custidy they put him on prozac, he has ADD plus a learning disorder (i am not sure which) besides ADD.When he was on the streets he was not on any medication. He went to court on prozac and was very spaced out. He was offered 4 yrs on a plea or go to trial and risk 25 to life in state prison .We believe from knowing his learning disorder, that he did not understand that if he went to trial he may have ( we believe it would have came out ) that he needs some type of treatment or his legal prob. will just be a revolving door.Also RIGHT AFTER sentencing he was taken off the prozac.(He got 4 yrs.).He has a history of mental illness.He has been diag.with the learning ability of an 8yr old. We believe if he broken the law punishment is due, but if an 8yr old commited the crime he did w/2 priors (non violent) I hope 4 all our sakes we not offer him/her those choses.can we rght this unjust wrng.Please help.ty


Asked on 6/20/01, 9:53 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: sentenced on prozac

The State of California has mental hospitals. Some of these mental hospitals have forensic units. My wife worked in the forensic unit in the City of Norwalk at the Metropolitan State Hospital. These units prepare people like you described to get ready for their court appearances. They even have classes to teach them how to act after they get their medication(s) adjusted.

This is where he should have been sent. He was not sent there because his attorney didn't ask for it.

I had a friend that was a Marine Corps veteran and repaired electronics. He graduated from Harvard which he attended on a scholastic scholarship. He was bipolar. He violated a restraining order and was convicted of stalking his soon to be ex-wife. He wasn't stupid but had a treatable mental illness.

He was so spaced out during his first court appearances that he was sent to one of these units to get him ready for the trial or further court appearances. He had a treatable mental illness, and eventual did time in prison. But at least he knew what was going on.

At this point you need to contact the State's Appellate Panel (headquartered in San Diego), and make sure that: 1. they are doing an appeal, 2. they know about his mental condition, and one of the appeal issues that should be raised is incompetence of his counsel. I'll let you do the work of finding out how to reach The Appellate folks. Hint call your county's Public Defenders Office.

The problem is that this young man is building up a history, and suffers the chance of being sentenced under Three Strikes the next time he crosses the system. Also if he is still guffy when he gets out of prison they may send him to the same forensic unit to stay until he gets well.

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Answered on 7/02/01, 8:21 pm


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