My question involves criminal law for the state of: Virginia
I am currently in a mental hospital after being found not guilty by reason of insanity on a felony charge. I am coming up on my one year evaluation hearing. Normally you stay in the hospital until you complete the graduated release process. I am currently one level away from being able to request a conditional release.
My yearly evaluation spoke highly of me but as stated I haven't completed my trail visits into the community. However my lawyer (got lucky and was appointed the best lawyer in town as a public defender) doesn't believe I should be held any longer and has written a petition requesting my release.
In the petition he cited both Jones vs United States and O'Connor vs Donaldson which both ruled its illegal to confine a mentally ill person who is not a danger to himself or anyone else.
I'm being told by staff here its a long shot and will depend largely on what mood the judge is in that day but Im curious as to if anyone has heard of such a thing working.
Thanks for your time.