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Will my husband be charged if he committed a crime while he was mentally unstable ?

Cleveland, OH |

My husband is a 25 yr old veteran 100 % service connected for bipolar and has been hospitalized for pzychotic episodes about 4 times in the last 2 years not including this one he is now in a state hospital on a jail hold because of what happened . here is the story : he left our home in california to go stay with his mom in ohio because he was delusional and began having hallucinations,when he got there he broke into a funeral home, punched holes in walls and doors, undressed himself started to dress up dead bodies and tried ressurecting them cause he said he was jesus he has been in the hospital for 3 weeks and is now being charged with 3 felonies 2 for breaking and entering and 1 for robbery. So what are the odds that he will get charged for this when he wasen't in his right mindset ?

he is still very disorganized in his thinking and still really out of it and is still lost in his own world, he doesn't respond to medications but is aware of what he has done to a degree , i really don't know what to do but i need guidance from experienced attorneys . Thank you

Attorney Answers 2

Posted

He can be charged with a crime, no matter what. His defense attorney can raise the mental health issues either to convince the prosecutor to dismiss in favor of treatment or as a legal defense if the case goes forward. You need a criminal defense attorney. A defense attorney will be used to cases involving mental health issues.

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Posted

As attorney Poulson notes, there is a difference between being charged and being found incompetent. Unfortunately, it sounds as if your husband has a serious mental illness and the criminal justice system is poorly equipped to deal with them. You will need a good attorney who is familiar with the law and who is comfortable with the mental health system.

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must considered within that context. In addition, my comments are not intended to create a legal representation but merely to respond to the limited facts presented by the question. Any opinion herein is not meant as a precise statement of legal rights or as a recommendation of any particular course of action. A more complete legal review can be obtained through local counsel.

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