Legal Question in Criminal Law in New York
Criminal Law
In New York State, if a defendant has amneisa and is therefore unable to recall his/her crime, can that defendant be tried? Or does the fact that he/she has amneisa render him/her unfit/incompetent to stand trial/assist in his/her own defense?
2 Answers from Attorneys
Re: Criminal Law
NO, this would not inherently be a defense nor would it stop trial... it could however, be used as evidence that may have some potential benefit to your case...
for further discussion feel free to contact my office at 212.709.8303
Re: Criminal Law
I used to know the answer to this question but I forgot . . .
Seriously, just remember that "insanity" is not a get out of jail free card. Those not convicted by reason of insanity are usually hospitalized, and the conditions of hospitalization may rival conditions of incarceration.
The question of mental incapacity is too complicated to respond to here. You need a lawyer to assess the circumstances and offer advice.
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