Sacramento, CA asked in Criminal Law for California

Q: How can I help my gravely disabled son that is in Kern County Lerdo Justice Facility?

My son is a Kern Regional client due to his Developmental Disabilities. He was arrested last week for making a threat. He also has Bipolar 1. He is currently gravely disabled and cannot make any decisions on his own behalf. I have tried to speak with a mental health worker to check on him. They have not either had time or for some other reason are not returning my phone call. He is not capable of advocating for himself as he is in a psychotic state of mind. The reason I know this is due to the person working over the weekend telling me how he just shakes his head when asked questions plus he was brushing his teeth extremely hard. Sharpened the tooth brush and cutting himself, plus eating soap. He ate soap before stating he had demons and was trying to clean them out. He needs to be taking medication that help out with his mental state and I cannot get a decent answer as to whether he is or if he refuses. My son did sign a release of information for my before he became this ill.

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3 Lawyer Answers
William M. Weinberg
William M. Weinberg
PREMIUM
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: He should be appointed a public defender who can tell the court of his illness and the court can declare a doubt about his ability to understand the proceedings against him under 1367 of the Penal Code. He will be evaluated by psychologists and the criminal proceedings will be suspended. He may also fall under the LPS laws for mental health clients. Please talk to his public defender.

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Hire a criminal defense attorney or provide all this information to his appointed counsel asap. Criminal proceedings are suspended for those who are not competent to stand trial, while they receive treatment, as a defendant must be able to assist counsel in the presentation of his defense. There are also defenses and a plea of not guilty by reason of insanity that can be entered, investigated or pursued by counsel.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

is he a minor?

if criminal the court will appoint a deputy public defender and s/he will advise the court of his issues and the

case will be suspended.

write out a detailed summary of all the facts with names, addresses and phone and emails so the PD does not have to play secretary.........they don't have a lot of time to spend on each client.

my heart goes out to you..........

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