My wife had a mental break down and hit our son. Her father pressed charges against her. My wife has been hospitalized into a mental institution to seek help. After she was released from the hospital a detective called and and asked her to come in for questioning. My wife agreed and was arrested the next day for battery
If and until your wife is formally found incompetent by a court of law, she is responsible for her actions. Her illness and medications may mitigate some of her conduct but it doesn't give her a pass--that could be brought up at trial. Police don't gain information to convict anyone--that lies with the local District Attorney or Solicitor. Hire her an attorney so she can deal with it.
Hire a lawyer to help your wife protect her freedom. An experienced attorney who knows the rules of evidence and criminal procedure is best able to help her. There may be grounds for a motion to suppress or a motion in limine. Use Avvo's find a lawyer tab to start your search for a lawyer.
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Speaking to law enforcement voluntarily was a mistake. She should have had an attorney present so that she could not make any incriminating statements. However there may be a way to suppress any confessions made if she has a diagnosed mental illness that would prevent her from making rational decisions or making a knowing waiver of her right to counsel. But that would be handled through the courts and determine if Miranda laws would apply. Since she has already been formally charged your only recourse is to fight the charge through the judicial system. An attorney may be able to intervene before it’s formally accused but it depends on the facts and the prosecutor. There are many options and avenues to explore. But seeking the help of an attorney is strongly advised.
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