Q: Can charges be dropped if diagnosed with bipolar and post tramatic stress disorder?
My BIL pled guilty to personal property theft in which he was sentenced 5 year suspended sentence in 2016. He now has been charged with Assult on a family or household member 2nd degree, terroristic threatening 2nd degree, endangering the welfare of a minor in the second degree, and another endangering the welfare of a minor in the second degree. Then once released on bail his wife had him committed for three days where he has been diagnosed with biopolar disorder and post tramatic stress disorder. Could his chargers be dismissed? This is a state case not Federal.
A:
Just because he has those diagnoses? No.
His attorney will likely request a mental health eval to determine if he can be held criminally responsible and/or if he is fit to proceed (assist with his defense).
If he is cleared, the case goes forward.
If he is not, different states do different things. He could end up in a state hospital and/or supervised release, for example.
I would not count on the exam or medical diagnoses solving his problems.
An attorney may be able to leverage either/both to net a better outcome. But, it is likely some other legal issues/facts will determine what happens.
- This is not legal advice and I’m not your attorney.
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