Legal Question in Criminal Law in Michigan

I have a son that was represented bya court appointed attorney and convicted of larceny under $200. Sentenced to 14 days jail, 100 hours community service, and restitution, court costs, fines & fees amounting to over $1700.00. We were told by the prosecutor that no charges could be filed upon the other parties involved due to lack of evidence, and that if the prosecution accepted the plea agreement of testimony against the other parties involved by my son it would be inadmissible testimony due to his mental disabilities of ADD/ADHD/Pervasive Developmental Disorder, and Autism. He is also currently being tested for Epilepsy and on seizure medicine. Therefore, my question is; How then can they legally charge and convict my son. Mind you he was involved in the case, I have the entire police report, he admitted to his part in the crime and simply wanted to do the right thing. He had a massive seizure outside of the courtroom after the sentencing, and while on his way to being booked into jail. If they can not charge the main suspects involved in the criminal case, how can they then charge my son or say that he will be the only one charged? He was the least party involved in this criminal case. I have proof of this. I feel this is a case of "catch-22" and we should be able to appeal. I need a legal opinion.


Asked on 2/13/10, 5:20 am

2 Answers from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

These are questions for your public defender, or another lawyer, who is familiar with the facts of your son's case and has reviewed all relevant documentation. The prosecutor is not your lawyer, so any words from him are not necessarily meant to help you. No lawyer can tell you why they didn't prosecute anyone else, other than it was probably due to lack of evidence. Nobody would know for sure without reviewing the entire case, all police reports, and talking to the prosecutor. If your son had mental disabilities, this should have been addressed before entering a plea, having a trial, or sentencing. If a person is found to be not mentally capable to understand right from wrong or the nature of their actions, they cannot be found guilty for their actions. The penalties sound extremely severe for a simple larceny case, unless your son has a criminal history, or there is a factor that you're not stating (such as other charges that were dropped, whether there were any weapons involved, etc).

I don't see how the average person with autism would be mentally competent to understand their actions sufficiently to warrant a guilty verdict, or be able to testify in his own defense. However, you didn't say whether your son entered into a plea bargain, or the case went to a jury or bench trial - that makes a difference.

Appeals have strict timelines. I'd suggest you retain a lawyer immediately if you want to explore your appellate options. I can assist you, but unfortunately not on a pro bono basis.

Good luck.

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Answered on 2/19/10, 8:20 pm
Stuart Collis Collis, Griffor & Hendra, PC

Just because your son may have some mental deficiencies does not mean that he may not be responsible for his criminal behavior. Competency and criminal responsibility (sane or insane) are usually issues that an attorney would bring to the court for an evaluation. If he is found competent and criminally responsible then he could be tried regardless of his limitations and could be criminally punished. http://www.wolverinelaw.com

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Answered on 2/20/10, 8:48 am


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