ADD any defense for a criminal charge?

[tatiana1]

What is the name of your state? Florida

Does anyone know if unmedicated ADD (attention deficit disorder) would be any defense in a theft charge? My son took a friend's Ipod over a year ago. He has now been arrested. It is considered a felony because he took it from a dwelling, not due to the value. It was such a stupid thing to do and I wonder if not taking his ADD medication (he has no insurance) would be any defense. He was hospitalized twice as a teenager and should be taking 2 different medications. We can't get the Public Defender to call us back and we have no money for an attorney. So I am just trying to think of something that may keep him from going to jail and/or maybe getting this down to a misdemeanor so he can have a shot at some kind of future. He is married now and has a baby on the way. His arraignment is next week and we don't know what to do.

 

[BL]

What is the name of your state? Florida

Does anyone know if unmedicated ADD (attention deficit disorder) would be any defense in a theft charge? My son took a friend's Ipod over a year ago. He has now been arrested. It is considered a felony because he took it from a dwelling, not due to the value. It was such a stupid thing to do and I wonder if not taking his ADD medication (he has no insurance) would be any defense. He was hospitalized twice as a teenager and should be taking 2 different medications. We can't get the Public Defender to call us back and we have no money for an attorney. So I am just trying to think of something that may keep him from going to jail and/or maybe getting this down to a misdemeanor so he can have a shot at some kind of future. He is married now and has a baby on the way. His arraignment is next week and we don't know what to do.

Let the PD handle it .

NO, having ADD is not a defense .

You mean he wasn't paying attention when he entered the dwelling and 5 fingered the Ipod ?

Persons that commit homicides or assaults try to use the , I was high and don't remember .

They get no mercy .

It's possible it could get reduced , it's possible he will be sent for a probation screening , and end up on probation .

The court will likely take his living situation into consideration , and if he stays clean , all will work out .

 

[seniorjudge]

https://forum.freeadvice.com/showthread.php?t=410556

double post

 

[BL]

https://forum.freeadvice.com/showthread.php?t=410556

double post

But ,but ,

His arraignment is next week and we don't know what to do

 

[tatiana1]

You mean he wasn't paying attention when he entered the dwelling and 5 fingered the Ipod ?

Unfortunately there is a lot more to ADD than not "paying attention". The worst effect is controlling impulsive behavior. The medication helps with that aspect. Unless you have a child with ADD or know someone with it all you know is what you hear. So I guess it would not be a good defense because most people will just assume things just as you did. ADD is just the butt of jokes until you have to live with it. Then it becomes a nightmare. I wouldn't wish it on anyone. I am glad you never had to deal with it and from your response I can tell that you have not. It is awful. But ADD education is not what I am trying to accomplish here. I am just trying to help keep my son out of jail. If he were on his own I would let him have his just deserts but I have my daughter-in-law and Grandbaby to consider. Not that he is an awful person. But he did take the Ipod. Thanks for the encouragement on the other though.

 

[Zigner]

Unfortunately there is a lot more to ADD than not "paying attention". The worst effect is controlling impulsive behavior. The medication helps with that aspect. Unless you have a child with ADD or know someone with it all you know is what you hear. So I guess it would not be a good defense because most people will just assume things just as you did. ADD is just the butt of jokes until you have to live with it. Then it becomes a nightmare. I wouldn't wish it on anyone. I am glad you never had to deal with it and from your response I can tell that you have not. It is awful. But ADD education is not what I am trying to accomplish here. I am just trying to help keep my son out of jail. If he were on his own I would let him have his just deserts but I have my daughter-in-law and Grandbaby to consider. Not that he is an awful person. But he did take the Ipod. Thanks for the encouragement on the other though.

As an individual who probably has ADD (self-diagnosed), and has THREE children with ADD (and associated conditions), I have to say that I'm APPALLED you would even try to use the condition as an excuse for your ADULT son.

 

[tatiana1]

https://forum.freeadvice.com/showthread.php?t=410556

double post

I am new to this forum. Did I post this somewhere else? I apologize if I did.

 

[seniorjudge]

ADD is not a defense because a person with ADD still knows the difference between right and wrong.

Period.

Even if.

End of story.

 

[BL]

Unfortunately there is a lot more to ADD than not "paying attention". The worst effect is controlling impulsive behavior. The medication helps with that aspect. Unless you have a child with ADD or know someone with it all you know is what you hear. So I guess it would not be a good defense because most people will just assume things just as you did. ADD is just the butt of jokes until you have to live with it. Then it becomes a nightmare. I wouldn't wish it on anyone. I am glad you never had to deal with it and from your response I can tell that you have not. It is awful. But ADD education is not what I am trying to accomplish here. I am just trying to help keep my son out of jail. If he were on his own I would let him have his just deserts but I have my daughter-in-law and Grandbaby to consider. Not that he is an awful person. But he did take the Ipod. Thanks for the encouragement on the other though.

You have no clue to what I know , or who I know , or what experience I have and know .

Quit using it as an excuse .

A person with ADD is just as responsible for their actions , as those that do not .

 

[BL]

ADD is not a defense because a person with ADD still knows the difference between right and wrong.

Period.

Even if.

End of story.

Well said ..

 

[tatiana1]

As an individual who probably has ADD (self-diagnosed), and has THREE children with ADD (and associated conditions), I have to say that I'm APPALLED you would even try to use the condition as an excuse for your ADULT son.

Not as an excuse. As a consideration for leniency. I do not think he should get off scott free. I never said that. Why does that appall you. Do your children take medication for it? If they do then surely you can imagine how difficult life would be without it.
There are different levels of ADD and hopefully you or your children do not have the severity that my son has. In normal life I have never thrown out the ADD card. But these are desperate times and I am just looking at anything that might keep him out of jail so he can support his wife and baby.

 

[Zigner]

Not as an excuse. As a consideration for leniency. I do not think he should get off scott free. I never said that. Why does that appall you. Do your children take medication for it? If they do then surely you can imagine how difficult life would be without it.

You have no idea what I can imagine.
Let mommy's boy deal with the consequences of his behavior. Cut the apron strings. You can't coddle him his entire life.
(This IS speaking from experience)

 

[tatiana1]

ADD is not a defense because a person with ADD still knows the difference between right and wrong.

You are absolutely right and I have myself said that to my son more times than I can remember. But where is all this hostility coming from in these responses? I thought this was a forum to receive legal advice. Not moral advice. Is this what I have to expect from the PD? I have never had any dealings with law before. This is all new to me and I am just trying to get answers but I guess this is not the place. Sorry to have bothered you all and gotten you so upset. That was not my intention.

 

[tatiana1]

You have no idea what I can imagine.
Let mommy's boy deal with the consequences of his behavior. Cut the apron strings. You can't coddle him his entire life.
(This IS speaking from experience)

Why are you being so nasty and insulting?

 

[seniorjudge]

You have no idea what I can imagine.
Let mommy's boy deal with the consequences of his behavior. Cut the apron strings. You can't coddle him his entire life.
(This IS speaking from experience)

Excellent and accurate advice.