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Multiple felonies around a weapon that was never found

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  • 09-05-2006, 07:25 AM
    Stephaniechantell
    Pleading Insanity
    What do you think the prosecutor is going to say when they find out my husband was just diagnosed w// schizophrenia, and has already been diagnosed w/ Bipolar Mania I, & ADD? Do you think they are gonna try and screw him since he has these disorders?

    Will they try to prove him insane or will he be able to stand trial?
  • 09-05-2006, 09:02 AM
    aaron
    Re: Pleading Insanity
    It's somewhat tricky to contend that you're "not guilty by reason of insanity" (which requires factual guilt) if you're claiming to be factually innocent.

    Has he petitioned for a psychological evaluation to determine if he is fit to stand trial, or in relation to his criminal responsibility at the time of the incident?
  • 09-05-2006, 03:26 PM
    Stephaniechantell
    Re: Pleading Insanity
    Quote:

    Quoting aaron
    View Post
    It's somewhat tricky to contend that you're "not guilty by reason of insanity" (which requires factual guilt) if you're claiming to be factually innocent.

    Has he petitioned for a psychological evaluation to determine if he is fit to stand trial, or in relation to his criminal responsibility at the time of the incident?

    no he hasn't we haven't even spoke with his public defender yet nor had a preliminary trial. Any advice. We're not trying to say he wants to plead guilty, we're just wondering if he is ok to even be able to stand trial.
  • 09-05-2006, 06:37 PM
    aaron
    Re: Pleading Insanity
    When he speaks with his lawyer, he can discuss the possibility of petitioning to have his competence and criminal responsibility evaluated.
  • 09-05-2006, 08:13 PM
    Stephaniechantell
    Re: Multiple felonies around a weapon that was never found
    Thanks so much for everyone's advice, i know that our situation sounds lame but it is true and unfortunately we've been the" if it weren't for bad luck we'd have no luck kinda of people" but he's been going through a lot before , during and now with his health as far as his mental state of mind and we are just now learning about the schizophrenia. It seemed like a scene out of a bad movie with the way it all went down with the police it seemed like no matter what we said they didn't care to hear it. We gave them names-instances- motive. the police changed their scenario at least 5 times trying to get me to say something they wanted to hear which was "he's guilty" even tough he wasn't. I believe my husband will all that's in me and it dosen't make since that he'd shoot up our new place for no reason at all with a gun he'd not known about. But whatever, i feel like the cops are just trying to make him guilty and they don't care that we have been threatened and shot at before this and that we had been told that this was gonna happen. :wallbang: :( :(
  • 10-26-2006, 08:24 PM
    Stephaniechantell
    Re: Multiple felonies around a weapon that was never found
    :confused: Hey everyone I haven't wrote ina while I wanted to know you guys opinion on the fact that my husband has made bail but has still not had a preliminary trial to see if they are going to prosecute him. Does anyone know how long it takes for a preliminary trial? Is there a statute of limitations or anything? It's been about 4months. He hasn't even heard from his lawyer. She's a PD.Anyone have any advice?
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