[stacys37]

After an overdose of 45 Xanax, I was taken to an ER. I don't remember anything from the time they buckled me into the ambulance on Tuesday until Thursday morning when I woke up in ICU. I was in the hospital for 3 days & then transported by ambulance to a psychatric hospital where I stayed for another 3 1/2 days. My husband told me after my final discharge that he had been called for the hospital to obtain his permission to do an HIV test on me & when he asked why, they said I had bit a nurse & kicked another one in the head. *No mention of charges being filed. I was never informed during the 6 1/2 day hospitalization that I had assaulted anyone or that charges were brought against me for assaulting anyone & no one in my family received any information on this either. Nine days after I was released from the psychatric hospital, I received a notice that a warrant had been issued for my arrest & copies of 2 citations for the assaults. I went to the judge & he dropped the arrest warrant & granted me a continuance. I'd like to know if I can be held responsible for my actions while under the influence of this drug & the amount I took? I have several mental disorders, two severe that at the time and for several months before - been really bad & eventually led to me being dumb & taking the OD. I have been treated regularly & frequently at that point by a psychiatrist, therapist & had been in the same psychiatric hospital 2 other times (Aug. & Sept. 2007) for the same thing - is mental illness a form of deffense or can I use medical records, letters, etc. to clearly state to the judge what my mental state was at the time, frame of mind, etc. & how do I plea? I don't recall any of this & I didn't have anyone with me in the ER (no one until I woke up 1 1/2 days later). I can't afford a lawyer (recently seperated, unemployeed, lost custody of kids & fighting that in another state too!). The judge told me that court appointed attorneys aren't available for this type of case & then gave me additional time to find one when he gave continuance. Any suggestions? This is a mess!! I am getting frequent, more intense therapy & care at this time & my mental health has improved a great deal since leaving home & getting help.

[Happy Trails]

Missouri uses the M'Naghten Rule when it comes to pleading insanity as a defense.

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