If someone is mentally slow and has commited a felony can he still go to prison?

My son is in jail right now due to burglary. He has 2 charges a felony 3 and felony 5. This is an on going thing with my son he is addicted to crack, I have tried to get him help and get him into rehab. He is 34 and each time he pulls something else and winds up in jail, its usually burglary. I know he has done crimes and should face the consequences. But I know that he is mentally unstable, he has the mind of a 15 year old. He also has tried suicide and told me today if he goes to prison he is done for. He is on probation also, I have tried to tell his lawyer and PO he needs some type of help not just prison, mental help. Can he be put into some type of lock down rehab place because of the way he is. He is going to preliminary 3/12/12, how can I help him, he has a public defender.

Madison, OH -

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Attorney Answers (2)

Kenneth John Crehan

Kenneth John Crehan

Criminal Defense Attorney - Cincinnati, OH

I think the first questions you need to answer are( is he mentally capable of committing the crime. You state that your son has issues. Are these issues the result of low IQ, i.e., mentally retarded; or is this the case of an axis I diagnosis, i.e., bi-polar, anxiety, depression, etc.)

If your son has such sever issues that he cannot help in his own defense, then your son's attorney may want to look into filing a suggestion of incompetency along with a written motion for not guilty by reason of insanity. The end result is that your son will have a forensic work-up performed by by a qualified court ordered doctor. Depending on the result, your son could be placed in a facility such as Summit, which is a locked down mental facility that your son could be placed for up to 6 months.

Tai Christopher Bogan

Tai Christopher Bogan

Criminal Defense Attorney - Modesto, CA

A mentally slow person CAN go to prison. Many do. Communicate with his public defender. If the public defender is not serving him well then get the family together to raise money for an attorney.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

Related Topics

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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