Appealing a sexual offense misdemeanor that is years old
What is the name of your state? CA
An acquaintance of mine is diagnosed with Schizoaffective disorder, bi-polar type. Which means he has both schizophrenia and bi-polar disorder. He didn't realize this years ago, though, and thus his life slowy unraveled. He became homeless, and sought refuge in drugs and alcohol.
Several years ago, while homeless and under the influence of drugs, he was urinating in an alley near a corner. Two mothers who lived on the corner, with a couple of their young children walked by at the time. He followed them to the front of their homes. He just stood there, in a drunken stupor with his schlong hanging out. Without minimizing what he did, he did not touch anyone.
He was arrested, and charged with:
1) 647.6(a) ANNOY/MOLEST CHILDREN
2) m314.1 INDECENT EXPOSURE
He has no recollection of this incident, and only knows what happened based on what his parole officer informed him.
I work in the mental health field. I know people who have committed FAR worse (murder etc.) and who were declared not guilty by reason of insanity. There is no doubt in my mind that this man should have been declared legally insane at the time (especially considering his current diagnosis- which I have confirmed), and I know what medications this guy is taking (anti-psychotics).
Yet, despite not even having a conscious recollection of this event (he was 39 years old at the time), and having no prior record regarding sexual offenses, he has this sexual offense on his record, has to register as a sex offender for the rest of his life.
I believe this judgment was simply, and obviously wrong.
Is there anything he can do to change his situation? (i.e. appeal this old judgment etc.)
What is the name of your state? CA
An acquaintance of mine is diagnosed with Schizoaffective disorder, bi-polar type. Which means he has both schizophrenia and bi-polar disorder. He didn't realize this years ago, though, and thus his life slowy unraveled. He became homeless, and sought refuge in drugs and alcohol.
Several years ago, while homeless and under the influence of drugs, he was urinating in an alley near a corner. Two mothers who lived on the corner, with a couple of their young children walked by at the time. He followed them to the front of their homes. He just stood there, in a drunken stupor with his schlong hanging out. Without minimizing what he did, he did not touch anyone.
He was arrested, and charged with:
1) 647.6(a) ANNOY/MOLEST CHILDREN
2) m314.1 INDECENT EXPOSURE
He has no recollection of this incident, and only knows what happened based on what his parole officer informed him.
I work in the mental health field. I know people who have committed FAR worse (murder etc.) and who were declared not guilty by reason of insanity. There is no doubt in my mind that this man should have been declared legally insane at the time (especially considering his current diagnosis- which I have confirmed), and I know what medications this guy is taking (anti-psychotics).
Yet, despite not even having a conscious recollection of this event (he was 39 years old at the time), and having no prior record regarding sexual offenses, he has this sexual offense on his record, has to register as a sex offender for the rest of his life.
I believe this judgment was simply, and obviously wrong.
Is there anything he can do to change his situation? (i.e. appeal this old judgment etc.)
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