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My son was charge with criminal attempt but he is mentally disabled what can happen

Burlington, NJ |
Filed under: Criminal defense

my son opened a checking account and deposited 50 dollars and then wrote a check for a car for 21,389.00. he has been diagnosed bipolar and other psychotic disorders. what can happen

the charge is criminal attempt and he has a long history of psychotic disorders

Attorney Answers 4


  1. Best answer

    Respectfully, I cannot agree with my collegue. The defenses of mental disease or defect can be effective if properly documented by medical records and an expert witness. I suggest again that you discuss this in person with an experienced criminal defense lawyer familiar with these types of defenses as soon as possible. Good luck

    DISCLAIMER
    This answer is not intended to, nor does it create an attorney-client relationship. It is not intended to constitute either legal advice or attorney advertising. Rather, given the nature of this website, it is offered solely for information purposes, for you to use as a starting point when speaking with a lawyer licensed to practice law in N.J. It is critical for you to consult with a qualified counsel who is admitted to practice law in NJ with whom information can be shared and assessed under an attorney-client privilege before making any decisions about your case.


  2. You will have a very hard time trying to prove that a person with a bipolar disorder does not know what grand theft is. You need a criminal defense attorney and a mental health evaluation. This is going to be a very hard matter to defend since I do not believe the doctor will write an opinion that he is so disturbed he did not recognize what he was doing.
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    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.


  3. Let me reply that Mr. Bailey has more experience with criminal matters than I do. Sometimes posters will get different answers because the legal experience of the attorneys is different. In the small number of criminal cases I have handled, the defense of bipolarism was not often acceptable the to court. However in re-reading the question I note that the poster also said "and other psychotic disorders," and I should add that if that is the case and it can be documented by a mental health evaluator, his defense may be stronger. I also note for the record opening a checking account and then writing a check for a car purchase takes a certain amount of planning and does not come across to the typical prosecutor as an impulsive act from a mentally ill person.

    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.


  4. I agree with Mr. Bailey that such a defense if done right will require much expertise.

    Because this matter is so important you should really get a lawyer. You can miss defenses and say the wrong things if you are not represented by an advocate as your attorney.

    You might find my Legal Guide helpful "How to Choose A Lawyer For You"

    http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

    You might find my Legal Guide helpful " What Do I Tell My Lawyer"

    http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

    No one can know what the record is in the case because online we cannot find out any details about the matter. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the Chicago lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in NJ in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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