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Do people who have mental issues and can't handle jail get a chance at something else besides jail for something like a felony ?

Los Angeles, CA |

I've got some charges that I could do 6 months for in jail.
I've bailed out 3 times now from jail because mentally I can't handle being there.
my charge is a felony gun charge and I was under the influence of multiple drugs when I was pulled over with a loaded firearm ( not mine ) or not even registered in my name.
I told the officer the gun was mine in hopes of getting some big break from him. It didn't work.
Also I picked up a few more misdameanors for running 248. pc and 11550 . I believe my mental disorders and drug dependency were the reason behind these, but who's to say? I want a fair chance at this because I honestly believe I'm not mentally capable of doing time in jail....and I doubt the judge or my public defender would care if I can handle it or not.

Attorney Answers 3

  1. Your situation raises some very complex issues that need to be thoroughly discussed with an attorney, who can work in conjunction with a mental health care professional to assess your condition. Depending on the findings it could have an impact on the defenses you can raise and/or the potential sentence and disposition that you should try to obtain. If you are able to afford a private attorney, I suggest that you contact a few. Many of us on Avvo provide a free consultation.

  2. That's rough. You probably don't want to tell a judge that they are sentencing a mentally unstable person with a drug problem and a tendency to carry a gun. If a plea agreement results in probation and some term if days you may be able to "do your time" on an alternative program to jail including house arrest or working for the sherriff. Talk to the public defender's office about what is available in your area.

  3. Any person, including a person with alleged metal issues has to have a competent attorney handling any incidental or arising matters in pending criminal cases. The narrative your described is already complex enough to see that that particular case must have a competent legal counsel to evaluate the client's mental state and properly address the issues in court as criminal cases cannot be tried on Avvo forums.

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