12 years-1st offense-mental disorder-please adivse

[zfretless]

What is the name of your state? Ca

My nephew committed a total of four robberies, 2 with a gun and 2 with a butter knife. We was sentenced to 12 years without parole. His final sentence is scheduled for Oct 10th. His lawyer will present new medical information that may reduce the 12 year sentence.

Dr. John M. Motl from Amen writes: “In my medical opinion there’s reasonable extenuating circumstances for Brandon who has significant brain impartment which was worsened by a serotonin discontinuation & drug use during the time period that the robberies allegedly occurred”

In addition, his private doctor failed to treat his medical disorder/anxiety and never prescribed serotonin.

My nephew should pay for his crime, but will his mental impairment reinstate itself over 12 years of prison life? Can he rehabilitate “restore his mental health,” being locked up for 12 years?

He’s a first time offender with no prior arrests. He got involved with street thugs for about 1 year. Otherwise he had been an excellent student and person. He is now 20 years old.

What information can his lawyer present to the D.A. and judge that might reduce the sentence?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Ca

but will his mental impairment reinstate itself over 12 years of prison life? Can he rehabilitate “restore his mental health,” being locked up for 12 years?


My response:

Well, speaking for the vast majority of society, I think we're all willing to wait the 12 years to see if prison will "rehabilitate" him.

IAAL

 

[zfretless]

Vast Majority

I'm not looking un-educated, lynch mob repsonses. I'm looking for solid law advice that might help this first time offender, not those looking ruin a life.



Well, speaking for the vast majority of society, I think we're all willing to wait the 12 years to see if prison will "rehabilitate" him.

my repsone: than you'll be willing to knifed by this same person once the system has destroyed him.

 

[I AM ALWAYS LIABLE]

My response:

Why?

Because I don't happen to agree with you?

Please take a look at my "profile" by clicking on that button. You'll see that you did, indeed, receive an "educated" response.

Besides that, 12 years just might change his ways. However, even if it doesn't, he was apparently ALREADY predisposed to attempted murder and robbery - - - wasn't it you that said, "My nephew committed a total of four robberies, 2 with a gun and 2 with a butter knife."

So, it appears to me that 12 years behind bars wouldn't make him any worse for the wear - - he's already a major criminal. So, if you wouldn't mind, I'll feel very good, as well as the rest of society, that he'll be off the streets for next 12 years.

Who knows, on the other side of the coin, it could do him a world of good. Look at it from a positive angle.

IAAL

 

[JETX]

Let me see if I have this correct....
Your son:
- Threatened the lives of not one, not two, but FOUR persons (at least)
- Committed FOUR robberies
- Uses illegal drugs (your own doctors statement says that part of his problem was his DRUG use). Sorry, but that took a conscious act... before his 'serotonin discontinuation'.
- Suffers from 'significant brain impartment' (I assume you mean 'impairment').

You obviously have an attorney who has full knowlege of the facts of the case.... and your son.

You also obviously have found a doctor who managed to come up with some 'medical mumbo-jumbo' to allow taking your money.

Now, you ask "What information can his lawyer present to the D.A. and judge that might reduce the sentence?". My answer: Bring the four (or more) victims to the court and let them tell the judge how they knew he was just 'kidding' and really wouldn't kill them, leaving their family as orphans or grieving parents or spouses, or whatever.... since after all, he was really just 'sick'. Personally, seems like 12 years isn't enough...

 

[I AM ALWAYS LIABLE]

Well, I guess that was a real "show stopper."

Now, I seem to remember another web site where people can cry on each other's shoulders . . . where was that site? Hmmm. I can't seem to recall right now. But, when I do, I'll post it for you.

IAAL

 

[zfretless]

You also obviously have found a doctor who managed to come up with some 'medical mumbo-jumbo' to allow taking your money.

When your doctor comes back with your results... look at the results and tell the dr. this is mumbo jumbo.

Sorry, but that took a conscious act... before his 'serotonin discontinuation'.
- Suffers from 'significant brain impartment' (I assume you mean 'impairment').

Yeah, I mean impairment. can you commit a conscious act being mentally impaired?


Now, I seem to remember another web site where people can cry on each other's shoulders . . . where was that site? Hmmm. I can't seem to recall right now. But, when I do, I'll post it for you.

So your on this forum looking for a fight, not to offer solid advice. You must be some outcast law noodler. Save your insults for the person who cuts you off on the highway.

Tell me how you would defend my nephew. Show some balls man. What do you know about 1st time offenders and those with mental problems? How would you approach the case if it were you own son. Would you want to him to rot or fry.

 

[I AM ALWAYS LIABLE]

"So your on this forum looking for a fight, not to offer solid advice."

My response:

I'm not looking for a fight. You received my opinion, and that of Halket. I'm just looking for you to merely go away, and to take your criminal nephew with you.

Like I said, "Who knows, on the other side of the coin, it could do him a world of good. Look at it from a positive angle."

IAAL

 

[zfretless]

Real Law

I'll be outta here to seek real advice from real lawyers.

I never wanted your personal opinion. Stop getting personal. I want your unbiased legal advice.

Put your tie on, shine your shoes, get your starbucks coffee. You’ve just been handed my nephews case. Do what you do best, take my money and defend.

Use your “education” and tell me how you would win the case.

I was trying to be positive before hearing from rookies.

Are you scared?

 

[I AM ALWAYS LIABLE]

My response:

You said - -

"Use your “education” and tell me how you would win the case."

Let me remind you, this is a bulletin board. It is not "the Practice". I am not "Bobby Donnell", and Halket is not "Ellenor Frutt."

We are not going to put on a "mock trial" for you. To "tell you how we would win the case" is a ridiculous statement. First, we don't know what the prosecution has, and second, neither of us wants your nephew on the street.

IAAL

 

[JETX]

zfretless:
You have come to this forum asking for legal help in how to get your gun-toting, robbing, drug using, threatening, social misfit off with a slapped wrist. You now ask us to put ourselves in the position of your sons attorney. Sorry, but I will have to decline due to a conflict. See, I side with the prosecutor on this one.

As I noted in my earlier post... you already have an attorney who should be intimately familiar with the facts of the case.... and he may very well feel that he got off easy with 12 years!!

 

[stephenk]

If you are so worried about your nephew, what acts did you take to keep him off the streets and taking drugs and hanging with thugs for the one year he was running wild?

Did you have him committed for his mental problems before he was committing robberies?

Your nephew doesnt need to "win this case". He needs to be punished for his crimes. Yes, you can commit conscious criminal acts while having active mental disorders. While in prison, if you really care about him, make sure he gets psych treatment and medication. And when he is released have him move in with your family so you can make sure he gets the kind of mental health therapy and medication he needs.

 

[PerplexedOne]

I would like to know if a butter knife is any less of a knife when it's being held against a victim.....
Should the victim in this crime not feel as threatened because the butter knife had a few crumbs on the end from the recently buttered dinner roll?

hmmmm

 

[JETX]

PO: Should we wonder why you took the time to post your inane drivel to this thread??

 

[calatty]

zfretless, it is not clear what you mean when you say he he was sentenced to 12 years and that his "final sentence" is coming up. In CA there is only one sentencing. My impression is that this was a plea bargain for a 12 year sentence. That means, no matter how much evidence he produces regarding his mental state, the court will not reduce the sentence. Even if this was a sentencing after a trial, judges are basically unmoved by evidence of mental disorder exacerbated by drug use. Most criminals can demonstrate some kind of mental disorder and drug use. The reality is that 12 years is a very good deal for the offenses you describe. The robberies alone carried a maximum of 6 years each, or 24 years, plus the gun use could have added up to 10 years onto each of the robberies, bringing his maximum under CA law to about 64 years. An average sentence for those crimes would have been about 30 years.