Legal Question in Civil Rights Law in Minnesota

My niece has bipolar disorder and has had a few fleeing of police the last 6 years all have been dropped because she was found to be in a mental state of delustion which meets the criteria for dismissal. the recent problem is the prosceuter in the county has been trying to get her as he told her mother! i have been documenting these corruptions for the last two years and one example is that he sent her to three evaluations on her mental status on the day of the crime all read she was and

the of court the public defender had been handed another medical report which read that said she

was had no mental status

problems that day! then she

called the doctor of the report and asked him why he

had changed his report. the

doctor told her the prosecutor called and threatened him with profanities to change it.

this was all on the court

reported tape when she told the judge that she wanted another report. the judge told her it was on

her nickel. the judge never

had any comment about the

prosecutor tampering with

evidence. when we requested copies of the report, her public defender

called and told her the case was dismissed! their

have been many corruptions

since then this has been the ultimate she was dismissed on the her fleeing police for about 1/2 mile no reason

upon a dismissed charged due to ncmaughton rule the

law states she be taken and

evaluated for civil committment as the law states, the judge made a appoint at regions hospital

for a evaluation for the following monday to report to the emergency room. we went their and the

judge had a typed instructions for the evaluation it stated that she was to be valuated for

her mental status on and if

needed start civil committment proceedings

a copy of thereport and status will be sent to the judge and prosecutor.

tanya was examined and released with no problem

to her mental status.

then on wednesday i received a call from the

ramsey county petitions telling me the ramsey county prosecutor had

filed a petition ? we went through all the processes

tanya went down and interviewed her this was at

11:00 am. the petitoned was

dismmed no evidence of mental issues. then

at 5:00pm their was a sheriff

at her door with papers to

report to regions committment court the next morning at 8:00 to go before the judge of civil committment. you could tell this was a set up court

the public defender she was suppose to have had

been replaced by told her

she had worked with her before 3 times tanya told her she had never seen her

the new public defender told her maybe she didn't remember. i then brought up

the paper stated she was dangerous which nobody has ever refered to her as

and the dangerous they used to cause or intend to

cause physical harm to the public! i have called every

doctor she has had they all

said they have never identified her dangerous.the only place it

was stated by the prosecutors civil petition.

i wanted the public defender raise this issue but she didn't. we came

the hospital court and they

told her she is going to the st peters hospital scared her to death and then she agreed to a exam at the

regions hospital on a hold.

out of fear. the judge asked her does she agree to this? she then asked her

public defender i don't have to go to st. peter do i.she nodded no. they would not allow me to speak i have always in previous courts

been asked to have any comments. then after this hearing the prosecutor and

turned around and right in front of all thumbed up to the sheriff in the court room like we got her now!

tanya is in the hospital on hold for a exam. this is like'

out of a movie one flew over the coo coo nest!

the hospital staff is reporting this has never happened before! tanya does not need any treatment but she is on hold; this is corruption at its worst. the public defender said she would contact her the next day because my niece and all of us don't understand this whole stuation. tanya already had the exam for the judge as required by law . tanya has gone through this before after her exam it was over. the prosecutor is now using by

telling the judge she is dangerous with out any evidence is the only way they could keep her. i know

if she would of said no she wasn't ok with this when the judge asked her maybe their woul of been a didderent out come but everybody was telling her she was heading to st peter's. this is a sad personal vendeta the prosecutor has had on her the laws read the way they do and she was committed to stand trial for 6 months already and the judge never recommitted her because she was doing so good then the last six months in court trials which she couldn' t

take the plea agreement of felony and five years probation she would of lost her section 8 and would be homeless. they told her all through the trial that if she used the mental status for dismissal

they would put her in st peter for life. i have talked with many attorneys

and they told me this case is

a very weak case . that she should not be in the hospital and they could get

her out but that comes with

a price tag i think we should not have to pay because of the prosecutors vendetta. what can we do this is gone to far. this is about a case

she was ill on 19 sep 2009 now they are commit her for

one day last year. i feel so bad for her the public defender still hasn't called to tell her whats going on. maybe because she knows this was a set up!!

if anybody has any suggestions on how to handle this? please please

let us know! tanya has been

going through all these changes . it is not good for her this could cause her to get sick, is this what they are trying to? i have been

through these all with her

i am exhausted by all their hoops! thank you

they find a problofstatus

is


Asked on 10/09/10, 11:35 am

1 Answer from Attorneys
Landon Ascheman Ascheman Law

I understand that this is a very difficult and stressful situation. It sounds like the prosecution may simply be trying everything they can do to lock your niece up. Without going through and attempting to respond to every issue in your question, I will focus on the ultimate question of what can be done.

While it would make sense that, if a person is innocent and sane, they should not be required to pay to prove it, that is unfortunately not how our legal system works. The best thing that can be done for your niece is to find and hire the best lawyer you can (remember the cost doesn't determine the worth).

Alternativly, your niece should have a public defender (or private attorney assigned in place of a public defender). I would encourage you to work with that attorney as much as you can. They know the legal system and how it works, and they need to know about your niece's life. They are your best hope at this time to stop her from being civilly committed.

Civil commitments can be very difficult to win. Although it sounds like the facts in her case are very good, there is still a lot of work that must be done to defend her, even in spite of the questionable charges by the prosecutors.

If you would like to discuss this case further, please feel free to contact our office for a more detailed look at this case. 612-217-0077

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Answered on 10/14/10, 12:53 pm


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