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felony battary while in mental crisis center

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glassmaker

Junior Member
What is the name of your state? Florida
How would plead to felony battery charges ? My son has bio polar, schizophrenia, manic depression with delusions. Last year while he was in in mental health crisis center that the police Baker Acted him to, he was hearing voices in his head and thought that there was people in the acttic after him and his grandfather. He had only been in the center less than an hour when another patient walked up behind him and touched him on the back with out him seeing the person, he turned around swinging and with one hit broke his nose. Now 6 months later he has been arrested for it. My question is do you plea guilty or not guilty?What is the name of your state?
 


glassmaker said:
What is the name of your state? Florida
How would plead to felony battery charges ? My son has bio polar, schizophrenia, manic depression with delusions. Last year while he was in in mental health crisis center that the police Baker Acted him to, he was hearing voices in his head and thought that there was people in the acttic after him and his grandfather. He had only been in the center less than an hour when another patient walked up behind him and touched him on the back with out him seeing the person, he turned around swinging and with one hit broke his nose. Now 6 months later he has been arrested for it. My question is do you plea guilty or not guilty?What is the name of your state?
What did the defense attorney recommend?
 

Heather2

Member
glassmaker said:
What is the name of your state? Florida
How would plead to felony battery charges ? My son has bio polar, schizophrenia, manic depression with delusions. Last year while he was in in mental health crisis center that the police Baker Acted him to, he was hearing voices in his head and thought that there was people in the acttic after him and his grandfather. He had only been in the center less than an hour when another patient walked up behind him and touched him on the back with out him seeing the person, he turned around swinging and with one hit broke his nose. Now 6 months later he has been arrested for it. My question is do you plea guilty or not guilty?What is the name of your state?
If you plead guilty the judge will give him whatever sentence they want. If you plead not guilty you can probably get a better plea bargin. You need to speak with an attorney.
 

BelizeBreeze

Senior Member
Heather2 said:
If you plead guilty the judge will give him whatever sentence they want. If you plead not guilty you can probably get a better plea bargin. You need to speak with an attorney.
Are you serious? Take this crap off the forum before someone actually believes it.:rolleyes:
 

Heather2

Member
BelizeBreeze said:
Are you serious? Take this crap off the forum before someone actually believes it.:rolleyes:
What's wrong with what I posted. If you just plead guilty you are not going to get a very good plea bargin. If you plead not guilty then your lawyer can work out a deal with the DA. And what is your advive BB?
 

BelizeBreeze

Senior Member
Originally Posted by Heather2
If you plead guilty the judge will give him whatever sentence they want.
THAT is what you posted. And not only is that wrong, it is irresponsible.

The courts can ONLY sentence according to statutory limits and NOT 'whatever sentence they want..."
 

Heather2

Member
BelizeBreeze said:
THAT is what you posted. And not only is that wrong, it is irresponsible.

The courts can ONLY sentence according to statutory limits and NOT 'whatever sentence they want..."
But he will might be given the maximum sentence if he just pleas guilty. By pleading not guilty as I said his lawyer can work out a better deal.

If I had just plead guilty I would have been given 5 years probation. But I plead not guilty and my lawyer worked out a deal with the DA and I got 2 years deferred adjudication.
 

BelizeBreeze

Senior Member
So, what you are telling this poster is that you are bio polar, schizophrenia, manic depression with delusions, was incarcerated in the same treatment facility, hit another patient under the same circumstances and will appear in the same court before the same judge in the same county and state.

Your statement was irresponsible PERIOD!
 

Heather2

Member
BelizeBreeze said:
So, what you are telling this poster is that you are bio polar, schizophrenia, manic depression with delusions, was incarcerated in the same treatment facility, hit another patient under the same circumstances and will appear in the same court before the same judge in the same county and state.

Your statement was irresponsible PERIOD!
I stand by what I said. By pleading not guity he can work out a better deal than just pleading guilty. I'm through arguing.
 

BelizeBreeze

Senior Member
You were through arguing the minute you posted something so ignorant as "
If you plead guilty the judge will give him whatever sentence they want...." :rolleyes:
 

Heather2

Member
BelizeBreeze said:
You were through arguing the minute you posted something so ignorant as "
If you plead guilty the judge will give him whatever sentence they want...." :rolleyes:
One last thing. I meant by the maximum sentence that they can give. Sorry if I confused you BB. Get over yourself. The rest of my statements were correct.
 

BelizeBreeze

Senior Member
Heather2 said:
One last thing. I meant by the maximum sentence that they can give. Sorry if I confused you BB. Get over yourself. The rest of my statements were correct.
Do you honestly think people who come here for RELEVANT legal advice can discern what you "MEANT TO SAY?".

YOU get over ourself and go get a legal education. And next time you post, make damn sure what you tell people on here is LEGALLY VALID ADVICE.
 

rmet4nzkx

Senior Member
glassmaker said:
What is the name of your state? Florida
How would plead to felony battery charges ? My son has bio polar, schizophrenia, manic depression with delusions. Last year while he was in in mental health crisis center that the police Baker Acted him to, he was hearing voices in his head and thought that there was people in the acttic after him and his grandfather. He had only been in the center less than an hour when another patient walked up behind him and touched him on the back with out him seeing the person, he turned around swinging and with one hit broke his nose. Now 6 months later he has been arrested for it. My question is do you plea guilty or not guilty?What is the name of your state?
Your son cannot have
bio polar, schizophrenia, manic depression with delusions.
These diagnosis are mutually exclusive, that is not to say he may not have all of these traits in some sort of mix and a diagnosis as Schizophrenia, Parnoid Type or possibly some other diagnosis. Some of this doesn't make sense, if he was Baker Acted, unmedicated and left unsupervised 1 hour later when this occured. I suggest you or your son consult a criminal defense attoreny who will then evaluate the facts in the case, if he cannot afford one then he will have to wait until he is arrigned and ask for a public defender, who can in turn petition the court to order a psychiactirc evaluation. Unless you are already his conservetor or Guardian, there may be little you can do if he is not cooporative.

We cannot tell you how this will turn out as there are several possibilities depending on the facts. It is important to remember that having a mental health or psychiatric diagnosis, in and of it's self, does not relieve the person of responsibility for their actions, it may explain why they acted as they did and may play a role in the outcome of sentencing, but it is not a silver bullet.
 

glassmaker

Junior Member
Thank you for your imput. He is being medicated for those three dx. He is under phys. care. We know that just because he has these problems does not mean he will be able to just walk away without doing what the courts feel he should serve. I know he broke the guys nose but at the time he did not know it thats why we are unsure about the plea. I have since my posting found out that if he pleas giulty he will be sentenced. If he pleas not guilty he will be sent to a trail at which time the facts will be allowed to come out. This is what we were unsure about. He is going to plea not giulty and go to trial, maybe his sentence want be as long and they (the court) will make it part of his sentence that he keep up with all his doctor appointments and take his meds. This has also been a problem at home.
 

glassmaker

Junior Member
Both right in away.

To the two other members that are having the disagreement. I have found out that in away both of you are right. The state of Florida has a point system, that they measure against a guideline. If you plea guilty the DA will recommend the higher points which gives you a harder sentence. If you plea not guilty and all the facts in the case come out then you may get lower points which will give a lighter sentence. (That,s where a soft hearted jury comes in if it is taken that far). But Thank you both for your inut.
 
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