The person is an adult mentally ill, diagnosed with paranoia, schizophrenia. He’s violent and has assaulted family members. He’s been to jail several times and has had probation revoked. He had also been evaluated in several mental clinics and treated but always comes back home, taking meds for 2 weeks and then stops, making the loop again. He has recently vandalized a lot of property, such as other peoples’ cars, committing felonies. He’s currently in jail for 4 felonies (2 Class 4, other two Class 6) but I’m trying to figure out if he’s going to stay in jail for the entirety until his trial. He has a bond of $4250 but in the past, the judge had released him on terms. Will he stay in jail? And what would be the most probable outcome if he was sentenced for the felonies? Mental health or prison or a combination of both?
It’s hard to say. He has a lot of prison exposure due to his past criminal history. I assume he’s been through the Rule 11 process (where the court evaluated him to determine if he is competent to help his attorney and understand the proceedings?) Has he also been through Title 36 Court Ordered Evaluation? Has he been found to be SMI? If he doesn’t stay on his meds and then decompensates, he sounds like a good candidate for court ordered treatment- he would be under the court’s jurisdiction and has a case manager who can force hospitalization/treatment when he’s off his meds. But without a good advocate and some luck (to get a prosecutor/judge who will care and try something new), he may end up doing a lot of time. I’m sorry but AZ has a long way to go to help those with mental health problems.
Your situation, your circumstances, and the best course of action for you cannot possibly be determined through this exchange. My comments are not intended to be legal advice on how you should act because there is too much information about you and your circumstances that I do not have. I hope to provide you with some additional information to consider but urge that you seek a personal consultation with a qualified attorney before you chose to act. Many criminal defense attorneys (myself included) offer free consultations.
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