Are psychiatric defenses effective to negate the seriusness of the alleged crime if he/she got a lettter from my psychiatrist?

Asked over 1 year ago - New York, NY

I have "psychzoaffective disoreder" and "A.D.H.D." which greatly impairs my sense of judgement and makes me extremely impulsive due to the "attention deficit hyperactivity disorder"

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  1. Eric Edward Rothstein

    Contributor Level 20

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    Answered . The letter is not admissible at trial; the doctor has to testify and your lawyer has to give the DA notice of the defense. The DA can share the letter with the DA in hopes of negotiating a deal. Every case is different.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Jeffrey Bruce Gold

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    Answered . If you've already had the trial and you're at the sentencing phase, then it can't hurt to submit the letter, but that's up to your attorney. If you are attempting to negate liability because of a medical condition, you'll need the doctor to testify.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  3. Howard A. Schwartz

    Contributor Level 20

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    Answered . It is possible. You need to document the condition and have your attorney evaluate the situation. He or she may be able to use the condition to help lessen the penalties you are facing. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

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    Answered . Potentially. You need to consult on the specifics with a criminal defense attorney.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  5. Donald Philip VanStry

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    Answered . The only way a professional opinion is admissible in Court in NY State is via expert testimony. You may testify yourself about your medical conditions, but to give a "defense" to your actions based on a medical condition, you will need expert testimony. Be careful about using mental illness as a defense to criminal actions. Depending on the crime, a successful plea (not responsible due to mental disease or defect) can land that person in a secure mental health facility for an indefinite number of years. For crimes where violence or threat of violence are involved, this can be up to life!

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