Need advice

My 16 yr old daughter who suffers from bipolar, severe depression, ODD, possibly AD/HD was arrested for felony obstruction of justice (Ga.). She was at school and was agitated by comments made to her. She verbally lashed out. She was taken to the office where they called me. I said I'd be there in 10 min. During that time she said she was leaving and attempted to leave the room. The deputy blocked the entrance and pushed her back. She kicked him 2xs. By this time she had gone into one of her cycles & as the principal later told me didn't realize what she was doing. This happens with her medical conditions & the school was aware of this. The officer than placed her under arrest for kicking him & charged her w/ felony obstruction of justice. She then became emotionally distressed and said nothing mattered she would just kill herself. They tried to talk (bully)to her & 4 times she repeated her threat. They were then not going let her go with me and were going to escort her to YDC & put on suicide watch. I called her psychiatrist who asked if she could be taken to the hospital, they agreed only as a 10-13. Bottom line is I believe that to charge her with a felony is ridiculous. Any advice?

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, if she was charged with felony obstruction of justice, i am sure the statute stipulates it had to be a voluntary act and that she had to intend to obstruct justice. I don't know, but i think that is the case.

Hence, based on her medical condition, if it is deemed her actions were not voluntary, then she did not have the requisite mental state to commit the crime. Hence, the charges will most likely be dropped.

Basically, get yourself a criminal defense attorney wise to the judge or prosecute or on a friendly basis with, and have him/her try to get this dropped ASAP.

Hope this helps.