Q: Recently diagnosed with major depression/general anxiety. Previously victimized in documented violent crime.

After obtaining PTSD during violent crime , I carried on without treatment with self medication. I received a 10 year sentence without legal representation or psychological evaluation.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In Illinois, if you were sentenced to a 10-year term without legal representation or a psychological evaluation, especially considering your mental health conditions stemming from a violent crime, there are several steps you can take. First, it's important to seek legal representation immediately. An experienced attorney can help evaluate your case, particularly focusing on the lack of legal representation and the absence of a psychological evaluation during your sentencing.

Your lawyer can explore the possibility of an appeal or a post-conviction relief petition. These legal avenues can address issues like ineffective assistance of counsel or the failure to consider significant mitigating factors like your mental health at the time of sentencing.

Given your diagnosis of major depression and general anxiety, as well as PTSD from a prior violent crime, these factors should have been considered in your sentencing. The absence of this consideration could be a crucial point in your legal challenge.

Additionally, obtaining a comprehensive psychological evaluation now can provide essential evidence for your legal team. This evaluation can demonstrate the impact of your mental health on your behavior and potentially on the legal process you underwent.

Remember, the legal system provides mechanisms for addressing oversights and injustices, even post-sentencing. Acting promptly and with the guidance of a qualified attorney is crucial to navigating these complex legal processes effectively.

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