My question involves criminal law for the state of: Michigan
I have a 17 year old son, who after his rapped began to develop transgressive behaviors. He then began to fall in and out of hallucination and delusions several times a week.
We changed to a new school.. he stopped going to school in fear the same thing would happen again. I took him a mental hospital for help. I got him some Medication and was diagnosed with Mania, and Paranoid Schizophrenic.
He had a Manic Episode where he thought he was an Angel from the heavens, some damage was done that totaled 10K, thus making this a Felony.
He has been charged with MDOP, however.. i was not intentional. I have no problem paying back the damages for this. It was a fiber optics line that was cut. He has never done anything else before. He is a A+ student, a Member of Mensa, which is a organization for the people who have an IQ in the top 2%. He is by no means a criminal, and he is seeking more help, it seems the medication he was giving was not strong enough. And he will be taking more
I would not want to see him to go to jail. It's like he is a bad child. He was also seeking help so he Manic Episode would not cause problems like this. So he was actually seeking helped. This happened about a month after he was seeking help. He was rapped 2 times, and touched others; this is when he began to develop these transgressive behaviors.
He was not aware what he was doing. His new found of faith along with his Mania, seems to take his faith to an extreme. Where he will think is a messenger of angels, and the one that will save the world from destruction. He has been seeking therapy for about 2 years now, but since my husband lost his insurance, we were unable to continue. The Mental Hospital Bill was just over 7,000 USD which insurance did not cover. Christopher has been paying back the damages the school wants him to pay back. And he is continuing his education. Both off and online. He loves school, and would like to get a good job.
This crime was violent. He wasn't aware of what he was doing. He would have never have done such a thing if he was not Manic. But these phases will last many days. Just his thinking is distorted. And doesn't understand why things are right and wrong. Should I tell him to plead not guilty? He is going to his arraignment today.
This act was not malicious. He is being charged with Malicious Destruction of Property. As for the money owned, I have 12-18 months to pay it back. I have already been making payments and so has my son. [It was property on the High School he does to across the street]
So we are just dealing with the legal side of this act. It's not like the school is pressing charges. It's just the police or something are doing something about it as it was a crime in the eyes of the police/law.
He has already been diagnosed, and I will be getting some statements from his Psychiatrist for court telling them that my soon was not aware of his actions because of his illness. And that because his medication was new and not strong enough, this was the reason for the Manic Phase and Hallucinations and Deuations.
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He is 17.
In school.
No other offense.
Paying back the damages [Fiber Optics and Trees were torn out] Damages were 4.7K. We have 12-18 months to pay it back. Christopher and I have been happily making the payments each month.
-- He had no motive to do something like this. He was not even in school during the time.
He has already been diagnosed with severe Mania.
I have been seeking help for years now.
The damages and actions were caused because of his Manic Phase, new found religion, and other factors that caused him to lose touch with reality, He will think he is doing something, but in actuality, he is doing something else.
His Menal thoughts and actions don't related when he is Manic. He doesn't know what he is doing.
What can I do?
What are some of his outcomes? I would prefer to have this felony dropped. I don't want this on his record. He is an intellectual. And jsut pay back the fines, go to school, make sure the medication is working food, and probation or something.
He has a personal bond of 10,000. I will keep his safe and out of trouble.
What is he looking at? He is a nice child, his medication was not strong enough and I had it raised.
Mental Illness or Psychosis as a Defense
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07-07-2008, 01:24 PMHypothermicMental Illness or Psychosis as a Defense
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07-07-2008, 01:54 PMcyjeffRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?
First, you keep saying he was "rapped". I don't know the meaning of that term.
Second, has a mental health professional confirmed your diagnosis to the degree that you state?
If yes, the court may decide that he is enough of a danger to himself and others to require more formal care. -
07-08-2008, 03:41 AMHypothermicRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?Hehe.Quote:
Quoting cyjeff
I am sorry.
He was raped; for for the spelling.
Define: Rape is a form of assault where one individual forces another to have sexual intercourse against that person’s will. It may be defined as forcing a person to submit to any sex act, and is generally considered one of the most serious sex crimes, as well as sometimes very difficult to prosecute. ...
Yes, his mental health professional confirmed has. Everything that I said has been documented/diagnosed/confirmed before all this happened. He was not even in school when this happened, because of his anxiety of a rape happening again.
It's not like he had motive to do such crime.
However, I don't want him to go to an insane asylum, he jut need some more therapy, he has gotten better. But these waves of paranoia come about, often following a manic episode. I have locked him in his room, he has asked me to such during these times. It's not like he killed someone or anything. It was a non-violent act and the, a payment plan has been set up and payments are being made.
However, he is all better and just like a normal person after a few days. He inst suicidal or crazy. His multiple rape, in a place he loved; school, really messed him up. And it happened when he was just 16. -
07-08-2008, 03:59 AMbigcountrysgRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?
I am sorry to say this, but he needs professional 24 hour treatment. As for the criminal charges he needs a lawyer that specializes in mental illness criminal cases. Once you retain one and you like the lawyer you retain. Keep him/her on retainer. I say this because from my experince you will need that lawyer more then once. Which means once you have a lawyer you like keep them retained because it will help your son gain trust and actually help him with his treatment.
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07-08-2008, 06:48 AMcyjeffRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?
I agree.
There is an excellent chance that your son will be deemed a danger to himself and others.
If this happens, he will be sentenced to incarceration... however, the goal should be to put him in a place where he can receive the care he needs. -
07-08-2008, 07:38 AMHypothermicRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?He does not need help 24 hours/day.Quote:
Quoting bigcountrysg
This has only happened because of a past event.
It is just phases, they go away and he is fine again. He is president of his school and the math department. -
07-08-2008, 07:39 AMHypothermicRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?Incarceration?Quote:
Quoting cyjeff
I would just like to have this charge dismissed, and just have to pay back damages made.
He just needed a little more medication, since the current amount he was taking was not strong enough. When he takes more, he is just like a normal person. These actions were not committed with criminal intent. -
07-08-2008, 08:06 AMcyjeffRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?
That may not be an option.
You have a son that, by your own words, commits violent acts while imagining himself the angel of God.
That needs to be addressed.
A judge may decide that the best place for that issue to be addressed is in a state run mental facility. It is what I would recommend. -
07-08-2008, 08:39 AMaaronRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?
There are possible sentences, such as HYTA probation, that would allow your son to avoid a conviction if he successfully completes probation.
If he wishes to raise mental illness as a defense, he needs to discuss that with his lawyer. Mental illness raises two possible issues - criminal responsibility (culpability for the underlying offense) and mental competence (can the defendant understand and participate in court proceedings). If these issues are raised, the court will typically order a mental evaluation and report. Meanwhile, it is sensible for him to stay in treatment, take his medications as prescribed, and work with a criminal defense lawyer. -
07-08-2008, 01:44 PMHypothermicRe: Psychosis - Mental Defense: Felony Age 17 [ No Violent]?What is needed to become part of the HYTA Program?Quote:
Quoting aaron
He will do what ever is needed.
Since I did hear about some regulations, probation, no more offices, etc.
He is 17, and was accepted back into school since we are making the payments for the damages.
He has never done anything before. We have already worked out a payment plan for the damages done.
His charge is MDOP, it should just be DOP, against the State of Michigan.