life sentence

[farrreal]

What is the name of your state? missouri
my brother has had long history of non violent crimes. he was on parole after 2 years in prison, and recently messed up again. at his hearing, he was told if he was found guilty of all charges, he would get the MINIMUM of life in prison.
the catcher here is that while in prison last time, he was just diagnosed as being bipolar. we never knew about this, and it explains his behavior completely. BUT, when HE felt better, THEY let him go off the medication, never followed up, and released him on parole. he was perfect for a short time, then started driving without license, gamble, drink a little, then a little more, then dwi. he got scared, and jumped parole. was on the run for few months, then when pulled over by police, tried to run. while being chased, at some points, when at dead end or police blocking road, he drove toward police car before he, or they went off the road to avoid each other.
NOW, he is freaking out, refuses to see a public defender (saying they won't help him), and sitting in jail waiting for SOMEBODY to come up with $10,000 for an attorney, which isn't going to happen. he has been there for 2 months now.
FINALLY, they did get him to a doctor, and again, he was diagnosed with manic depression-bipolar, AND explosive disorder. Dr said it was typical for someone to want to go off meds when they start feeling better. they have put him on LITHIUM now.
SO, my question is, does the state have SOME responsibility since they are the ones that diagnosed him the first time, then let him go? how long will they let him sit there waiting for something that isn't going to happen -we don't have that kind of money. and would a public defender be just as good. does he have any choices for a public defender. please help, as since we don't have the money, i can't hardly get an attorney on the phone, let alone meet with one. we have copy of police report, so we know the police assault is him driving in direction of police officer when on one lane road or when turning around. he also had a friend with him that says a lot of what they say wasn't true. that my bro was the one who swerved to miss, not them. this witness doesn't have any criminal history either. will it help that she was there?

past charges are marijuana charges, 2 dwi, and forgery.
recent charges are assault on police officer everytime he drove toward their car on the road, moving violations, auto theft (trying to get away).

ps, i dont think he should get off entirely-nor he, but LIFE??

 

[mrudy1026]

Farrreal:

I am in no way, an expert on the subject, but I am currently taking classes to become a certified paralegal. Here's what i think:
if the state health officials that diagnosed him are the same people who took him off the meds because he "felt better" it's may be able to make a case on the grounds of medical malpractice/negligence (your brother-being in his state of mind-doesn't know what's best for him whereas the "doctors" that diagnosed him SHOULD know. they should also know that taking a patient with any type of bipolar disorder off of their meds can be extremely dangerous for the patient and for others. If nothing else, they should have performed psychological test to determine your brother's mental health, NOT take his word for it!)
Now, i don't have all the facts, and i'm not familiar with the state laws in Missouri, so i could be wrong, but, i seriously believe you can fight this. I'm not saying that he'll be let off the hook completely, considering his priors, but you may be able to get the sentence reduced.
Please keep me posted as i'd really like to know how this turns out.

good luck,
mrudy1026

 

[Doubting Thomas]

Don't Worry

NEVER accept at face value what anyone "says" they were "told" by some lawyer! This is particularly true where the guy telling you is bipolar, in jail, and freaking out. If you want to know what possible jeopardy your brother is in - talk to his lawyer. I am sure your bro will give you permission. If he has been arraigned (meaning charged) and is held on bail he does have a lawyer. find out who that person is and call her or him.

Much of Florida has excellent public defender offices. People often have the mistaken notion that "all" public defenders are careless dopes who can't make it as "real" lawyers. Not so. I've had my own practice for over 10 years and still I take on assignment a number of public defender cases and for 2 reasons: 1.) I LOVE criminal law and most people accused of crime are simply too poor to come up with the money so IF I don't want to litigate dog bite cases for a living I bettter take public defender cases and 2.) A quality defense for the poor is essential to any American notion of Justice.

Your brother probably can't select his lawyer but to get a "good" public defender all he needs to do is to be a "good" client. Yes, yes - I know not all of them are GREAT but really most of them are decent and many of them are really committed hardworking lawyers who WANT to win.

Tell him to say please and thanks once in a while and not to scream at his attorney. THEN you and your family should make it a point to meet with the lawyer and to discuss the case. Be nice and assume this lawyer is a decent person who cares. It's a lot harder for someone who's overworked to forget about a client when they know the family.

As for the bipolar issue, assuming what you said is true it MIGHT be possible to build a defense built on a diminshed capacity. But there are a lot of unanswered questions there.

On the other hand assuming your brother is an adult and was told of his disease - that's a different issue. Exactly WHO took him off his medication? You say THEY but I can't tell who THEY are. Although it probably doesn't matter, in the end. More than likely you'll learn down the road that it was just that he stopped taking it (the meds have some bad side effects which seem so not worth it once you feel better). If he was in jail or prison when he was diagnosed but THEY didn't "follow-up" same problem - if he's an adult. His medical care (and mental health) isn't the government's responsibility, it's his.

Good luck.