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Appt Atty outright told me the court was fraud.

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jonathonpreist

Junior Member
Alabama

ON Oct 14 I was arrested. In an episode where my state of mind would qualify (by professional exam & by acts and appearance) I entered a strangers home about 10pm through an unlocked back door. This is not at all recalled but is reported. She does not wish to press charges but was concerned that I get home alright; recognizing that my state of mind was diminished. I have years of details psychiatric care; but am not a danger to myself or anyone; my symptom and managed usually by a combination of psychotropic meds and meds for panic attact & adhd; antidepressants. I am diagnosed with bipolar, schizo affective.

The lady's whom home I entered was started that I walk in, wearing a tee shirt and underwear and proceed to watch TV. Apparent, she ask me what i was doing, and confused I answer that "I live here." After I spoke I got up and opened a draw in an old peice of furniture; and picked up a cell phone. It was asked to be returned and I was ushered without hostility to the door.

For fear that danger, neglect, or harm would come to me, she called 911. Police officers arrived on the scene; shared here sentiments about my condition and asked her to write a statement of the event. The statement is now not part of the record; but the officer charged me with burglary 1, a felony.

The officer placed a "HOLD" on my release until a psychiatric or mental evaluation could be done, to determine if I should be transferred to the State Hospital. He arrived after 11 days of confinement; "hello jonathon' he said. How are you doing? "OK under the circumstances." Well we get you out of here in a few moments. The only eval was a question as to "did I want to kill my self or anyone else." Obviously no; and he knew that.

My psychosis is marked with several event that were witnessed by correctional officers, the nurse and inmates. After receiving a high dose of GEODON for about 8 days, the Laision Came for the short meeting.

My first hearing took place by an electronic appointment; I remember the event only in parts ( which can be explained psycholocally) and I remember asking for use of the phone. After ll days, no phone call had been allowed me. No contact; and because of "their reasons" I was in solitary confinement for at least the last 7 days.

On the 17th the electronic 1st aplpearance occured. I did not waive my rights to appear in persons; I did not waive my rights to an attorney. I asked and explained to the "CLERK" over the vidio that I did not understand the reason I was there; I needed to have an attorney and to contact my family at least. In the mental state I was in; I have such a "controntation" phobia, espeically when untreated ( medical intake did not order meds ) The Jail Phycisian is also my personal Physician, he failed to realize my prediciment in expereince serious and unusual psychotic, bizarre behavior and episodes; he knew the medications that I have taken for over 4 years. I was totally dissociated from reality after the "shower event" and "trauma was expereinced" and I was placed in solitary.

By video I renewed my appeal for an attorney; and repeated that I did not know what to do; I did not understand the reason; I did not know any charges or understand them. I was told by the "over worked" correctional officer who had a line of people to process that I could call an attorney or my family later. This promise had been made since the night I was arrest. It never happened. Some were allow to bring their Cell Phones into the Jail with them. Because of my illness, my symptoms were coupled with withdrawal from the medications that I did have.

How can I demand a 1st appearance; or prove that since an attorney should have been with me at that proceeding; or a mental evaluation (as was required) was not performed until almost 2 week of administration of antipsychotics; when it was performed, I was not as such risk to injure myself or to suffer neglect.

All the Law that I research, I find defense of my treatment; but I am not taken seriously; my attorney as much as told me they ( the Judge and DA ) all worked for the state, that there were going to do this ( he balled his right fist, and forced it upward with a twist; ) and ram rod you. He admitted that the Preliminary Hearing would be just a grand jury without the jury; I would not be able to present anything on my defense.

"you're just gonna have to wait it out an go through the process like everybody else."

I have every reason to believe that the preliminary is a excellent point to prevent the claim from the grand jury.

??
S Jon
 


CdwJava

Senior Member
The prelim is simply a place to establish if there is sufficient cause to believe that a crime had been committed and that you committed the crime. It is not generally the venue to put on a competency hearing. My guess is that your attorney is saying that the prelim will bind you over. Further, I suspect that if a defense due to your illness can be made, then it will have to be made at a later hearing and after an evaluation by additional psychiatrists.

I certainly hope that you have this disorder under control ... the next person's house you wander in to may well be armed and not as "understanding" as the lady whose home you DID wander in to.

- Carl
 

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