theft II (shoplifting)

[Michael T.]

oregon theft II over 50.00 have medical condition that ocasionally i become another personallty. dont laff.
i dont get rid of body waste in my blood stream.
its a poison all of you have it. but flush it out of your system.

cam i plead not guilty and what defence can i use

 

[JETX]

"cam i plead not guilty and what defence can i use"
Yes. Insanity.

 

[FKNA]

Michael.....have you been diagnosed as having a split personality and/or this medical condition you speak of, has it been diagnosed by a professional?

 

[FKNA]

Hey Halket....just checked out your website. Small world....your office is less than 1/2 a mile from my house.

 

[Michael T.]

its not a split ammonia build up

the body produces ammonia as a waste product (smell a babys
diaper) this is filtered out of the blood and deposited in the last
foot or so of the big intestine. due to drinking to much i runined
my liver.. ammonia builds up.
changes the mind (poison's it)
keeps building up skin and eyes turn yellow
go unconcous hallucinate and in most cases death
i hit that point dr's told family i wouldnt see the next day
i have meds to keep under controll but not 100%
was in that state when it happened
doctors, my family, friends have all seen me in both states

[email protected]
critters 5

 

[FKNA]

I'm no legal expert. But since all of this has been documented previously, sounds like you might have a case.

 

[JETX]

Sorry, but FKNA is incorrect. Since you have a known treatable medical problem (with predicted results for non-treatment), the obligation is on you to take your medication. The fact that you didn't take the prescribed medication means that you lose that as a primary defense to your crime. (Just as an alcoholic can't claim that as a defense to his DUI).

Make sure that the jailers know about your medical condition.

 

[FKNA]

quote:
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Originally posted by Halket
Sorry, but FKNA is incorrect. Since you have a known treatable medical problem (with predicted results for non-treatment), the obligation is on you to take your medication. The fact that you didn't take the prescribed medication means that you lose that as a primary defense to your crime. (Just as an alcoholic can't claim that as a defense to his DUI).

Make sure that the jailers know about your medical condition.
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Halket....Michael went on to say "i have meds to keep under controll but not 100%"

He never states one way or the other if he was taking his medication. But with the above mentioned statement, it's certainly implied that he was being responsible and taking his medication which does NOT control his condition 100%

Michael, I wouldn't worry much about going to jail. Worse case senario you're looking at a small fine, probation and maybe some community service. Of course if don't make your court dates or pay the fines the judge imposes upon you, etc. Then you might need to think about informing the jailers of your medical condition.

 

[JETX]

FKNA: We have now gotten to the point of argumenting over symantics. The court will review the case and decide an appropriate punishment. I assume that they will take into affect the claimed 'medical condition' (sorry, still hard to believe) and the issue of the medication status. The final outcome will be decided by the competency of the attorneys and the evaluation by the court.

I do agree with your statement that the writer will very probably get a fine and 'time served', depending on whether he/she has a record, etc. But, that really doesn't answer the original question ("cam i plead not guilty and what defence can i use").

So, with the additional information provided, I answer:
1) Yes, you can plead not guilty (we all have that right... even when guilty as sin), and
2) You can plead medical defiecit, but I don't believe it will work, and can virtually guarantee that it won't work if you don't have an attorney representing you.

 

[FKNA]

Halket, I think the bottom line here is Michael should take the punishment for this crime and move on with life. I personally think it would be too much of a headache and too much money for such a minor offence (with no guarantee of getting off if he pursued this in a court of law).

 

[ellencee]

Michael T.
A few years ago, a relative of mine died of liver problems--the kind you have described. Her liver problems were from prolonged life-saving measures used 7 years prior, including massive amounts of blood and extensive time on a heart-lung machine. The woman never drank a drop of alcohol in her life. I always kidded her about her fear of alcohol and the devil being one.
The point of this story is this--she suffered with this ailment for years and years and not once did she absent-mindedly commit a theft of anything or any amount.
Poor excuse--poor excuse--not even clever, just poor excuse, and certainly no defense for your actions of theft.