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

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"

Attorney Answers 5

Posted

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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

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 email: howard@brooklynlaw.net. This answer is only for informational purposes and is not meant as legal advice.

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Posted

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, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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5 comments

Asker

Posted

I'm still in the plea bargaining process and am trying to negate liability because of his/her medical condition to get the best deal possible. My question is: Can my psychiatrist testify before trial during this phase in the case or does she have to testify at trial?

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

Repost that specific question. Your attorney should guide you here.

Asker

Posted

Can my Psychiatrist testify now at this stage in the case while it's in the process of being ple bargained, or would she/he need to testify at trial?

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

I won't second guess the attorney handling the file. Sorry.

Asker

Posted

Thanks anyways!

Posted

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 substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

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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