Legal Question in Criminal Law in New York

psychiatric condition --how severe in order to get a dismissal?

In order to get a dismissal or reduced conviction (eg from a violation conviction to ACD), how severe would the defendant's psychiatric condition have to be? ( given he is charged with a misdemeanor)

if he is taking any psychiatric medication, would it help to dismiss the case? or he must be diagnosed in a certain degree of severe mental decease? would someone who is diagnosed with depression be dismissed for a misdemeanor charge or not at all?


Asked on 6/07/08, 4:22 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: psychiatric condition --how severe in order to get a dismissal?

Your question in the abstract cannot be answered. There is no objective test for it. Each case must be reviewed on its own and with a view toward the DA and the court the case is involved in.

Mental illness is not in and of itself a reason to dismiss a case by law, that does not mean a District Attorney with a real understanding of Mental Illness cannot dismiss, he is just not required to.

The issues you seek assurance on really depend on the case, the personalities and the policies of the lawyers and judicial bench involved.

If you need a lawyer who understands and deals with mentally ill patients in criminal law cases, you may contact me through the links below.

Good luck

Read more
Answered on 6/07/08, 9:52 pm


Related Questions & Answers

More Criminal Law questions and answers in New York