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"Medication misadventure" contributes to crime?

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XavierLambrose

Junior Member
What is the name of your state? California
Through a series of failures coinciding with my family physician increasing the quantity of a medication that interacts adversely with other meds I take; switching Medicare Supplemental insurance carrier, that in turn authorized only 3/4 the daily quantity of pain reliever I had been prescribed, and not making me aware of it, it was left to my Dr.'s nurse to notify me of this (as soon as they learned of it) 2/3 through the month. I felt I would be able to "stretch" my meds through the end of the month, and instead began suffering "blackouts" and confused thinking, to wit: an internal peripheral device that was faster than my slower, yet working drive, I had purchased in a nearby Oregon department store earlier in the month I just couldn't get to work. On the night before (what was left of my world came crashing in) I was to take it back, I was up all night due to pain. The next morning when I learned my friend was coming by to pick me up and go up to the store, I hastily packed the unplugged drive (with virtually the same black face-plate as mine) into the box (can you see where this is going?), grabbed my receipt and we went up to the store. I carry a black art bag with pens, paper and other art supplies with me wherever I go to kill time and sketch, and initially left it in the car. While my friend is shopping, I returned their 'boxed-up' drive, and had the return credited back to my credit card. I broused around and purchased a couple of items, and went out to the car to put them in. I then picked up my art bag (with intentions of sitting over by their deli and draw) and brought it inside the store where I met my friend in front of a table with numerous flowers and plants upon it. From that moment until I and my friend were exiting the store, and were confronted by two loss prevention employees asking me about the plants in my bag. I didn't know what they were talking about until I saw two stems from a plant in my bag. They led me back to their security room, and although I tried to tell them what I assumed must have happened with the plants--that I must have snapped them off, I had no conscious memory of doing such. Then they bring in the returned peripheral box, and ask me about that! As they took out the drive, it dawned on me that I must have inadvertantly packaged my 'working' drive instead of their defective drive. I offered to go back home and give them their drive, but they "wouldn't be able to charge me with credit card theft" if I did such. They called the police, and I at least wasn't arrested, but was cited with a misdemeanor, and appeared in court for my pleading. Before I did, I explained to my Dr. the things that had been going on with my "blackouts" and "confusion." He wrote a very nice letter, part of which mentions the term "medical misadventure." In part he states " the patient had a combination of unfortunate events related to his polypharmacy triggering cognitive impairment."

I meet with my attorney the end of the month to find out just how to plead.

Any ideas?What is the name of your state?
 


XavierLambrose

Junior Member
Plead Insanity??

Baystategirl;

Thanks for the advice but I gather that in Oregon you have three choices to plead:
1.) Guilty
2.) Not guilty
3.) Nolo contendre (No contest)

At my first hearing I questioned the judge about #3, and in effect he said that while I might believe I was in the wrong, I believe that if the prosecution were to try my case they would have sufficient evidence to find me guilty.

I want to make the best of my time with the attorney and I was wondering if I laid out all of the pertinent facts to him, if he would be able to contact the prosecutor and basically say, "hey, my client has no prior record; he was not in his right mind; the mispackaging of the computer device was not intentional (why keep something that isn't working properly); and as far as the sections of the plants, he is not denying having placed them in his art bag, but he has no recollection, nor any intention of doing so. He's more than willing to pay for the cost of any plants they say he nabbed, but he'd at least like to have his mispackaged drive returned to him, and give them back their lemon."

My attorney is a former D.A. and I'm just curious if this can be handled the aforementioned way, i.e. my attorney contact the D.A. with my extenuating circumstances, and the charges be dropped, or at least negotiated as I've mentioned above?

Any ideas. And as far as pleading insanity, you're probably correct in your assessment of my mental state at the time. Though living with clinical depression at least half of my life, and intractable pain for the past 21 years, when I've religiously adhered to the prescribed doses of medications, I wouldn't classify my mental state as insane, but during my recent bout of medical, sensory, cognitive, and judgmental misfortune, I was certainly "not of my right mind."

Speaking of which, do trial judges consider as credible and of sufficient weight, my mental state (as concluded by my physician) as demonstrating by a preponderance of the law a failure to prove willful intent on my part regrading the breaking of the law?

I see my attorney at 11:00 am on May the 3oth!

Help
 

Bretagne

Member
Bay is right. You have an insanity affirmative defense. You must declare to the prosecutor your intention to use insanity as a defense.
 

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