What is the name of your state (only U.S. law)? Texas
My boyfriend has been arrested and is going to court due to a vengeful ex-roommate planting illegal graphic material involving children on his computer while he wasn't home the day he was told he was being kicked out (then of course went to the police). The ex roommate, a month later, was charged with a crime of theft greater than $50. His girlfriend, his accomplice in the planting of evidence and notifying the authorities, is not of best character as she has had her own child taken away by CPS. Both of these people are known in their social circles as constant liars and manipulators.
The ex roommate claims to have found the materials one day, but then waited several days to get his girlfriend and notify authorities. Said ex roommate also claims to have only lived there a month, when other sources can say he'd been there at least four. The search warrant also states he is a resident when he was never on the lease.
So far with my boyfriend and his lawyer the current plea bargain is 6 in jail or take it to trial. This is because no one has yet to go by the actual credibility of the accusers nor really see my boyfriend as a person. They just see the evidence and the fact it was his computer so the prosecuting side assumes he did it. They consider it to be open and closed case.
If the court continues to not listen to reason given the characters of the accusers and of my boyfriend (his record is squeaky clean and he'd never done anything wrong up until this point), could his psychiatric diagnoses keep him out of jail? He's been diagnosed by a licensed psychiatrist of Borderline Personality Disorder, Major Depressive Disorder, General Anxiety, and ADHD. If he had to plead guilty, one of the main symptoms of Borderline is extreme measures taken for one's sexual gratification (and includes seeking out hardcore materials). Could he use that to his advantage if there is no way they will listen to his proof of innocence?
He really can't afford to go to jail. He just got a nice job and supports our home and our family. I'm currently living off of disability and rely on him for physical and emotional support. Is there a way that this could keep him out? (He'd GLADLY take sentencing to a psychiatric hospital over prison.)
My boyfriend has been arrested and is going to court due to a vengeful ex-roommate planting illegal graphic material involving children on his computer while he wasn't home the day he was told he was being kicked out (then of course went to the police). The ex roommate, a month later, was charged with a crime of theft greater than $50. His girlfriend, his accomplice in the planting of evidence and notifying the authorities, is not of best character as she has had her own child taken away by CPS. Both of these people are known in their social circles as constant liars and manipulators.
The ex roommate claims to have found the materials one day, but then waited several days to get his girlfriend and notify authorities. Said ex roommate also claims to have only lived there a month, when other sources can say he'd been there at least four. The search warrant also states he is a resident when he was never on the lease.
So far with my boyfriend and his lawyer the current plea bargain is 6 in jail or take it to trial. This is because no one has yet to go by the actual credibility of the accusers nor really see my boyfriend as a person. They just see the evidence and the fact it was his computer so the prosecuting side assumes he did it. They consider it to be open and closed case.
If the court continues to not listen to reason given the characters of the accusers and of my boyfriend (his record is squeaky clean and he'd never done anything wrong up until this point), could his psychiatric diagnoses keep him out of jail? He's been diagnosed by a licensed psychiatrist of Borderline Personality Disorder, Major Depressive Disorder, General Anxiety, and ADHD. If he had to plead guilty, one of the main symptoms of Borderline is extreme measures taken for one's sexual gratification (and includes seeking out hardcore materials). Could he use that to his advantage if there is no way they will listen to his proof of innocence?
He really can't afford to go to jail. He just got a nice job and supports our home and our family. I'm currently living off of disability and rely on him for physical and emotional support. Is there a way that this could keep him out? (He'd GLADLY take sentencing to a psychiatric hospital over prison.)