Legal Question in Criminal Law in Georgia

Mental Illness Defense for Felony Drug Conviction

The police used an informant to get someone who is mentally ill(delusional & hallucinations) to make a sale of meth to undercover police. The police didn't know he was mentally ill, but the informant did. The informant was looking for a way out of his own charges. An arrest was made. The mentally ill person cannot recall the events that occurred during this sale. I realize that a defense of diminished capacity could be used, but hard to win due to the fact that you would have to prove the mental state at the time of the crime. And right now, he cannot aid in his own defense due to the fact that he cannot recall the incident. Are there any cases or laws that occurred in Georgia, that I can refer to regarding this. Also, when he was first arrested, they refused to give him his psych meds for the first 5 days. The Rx was in the original bottle with a letter from the Dr. stating that he was on these meds. Of these Rx was Prozac & Tegretol. As we all know from recent news reports, the effects of stopping Prozac abrutly. It was reported to the Major of the county jail that this occurred. The county needs to be held responsible (8th ammendment violated). What is the statutue of limitations to file intent to sue with the courts.


Asked on 10/29/04, 11:05 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Mental Illness Defense for Felony Drug Conviction

If you are talking about an ante litem notice to a governmental agency of your intent to file suit, it is either 6 months or 1 year, depending on whether it is a city or county entity.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 10/29/04, 1:12 pm


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