Cross Plains, TN asked in Criminal Law, Arbitration / Mediation Law, Civil Rights and Constitutional Law for Tennessee

Q: If a nonviolent newly justice informed Documented diagnosed and medical treated 4COMBINED ADHD and co occuring SUD

Adult is incarcerated in county jail on tech VOP pend charges FTA in adjoin co same district how do I force the attorney courts advocates etc to legally recognized his federal recognized disability and provide accomidations in court proceeding and his pd engage with him on a neurodivergent level so his civil rights are not compromised and he can particioate in his defense plea and if found guilty midigate sentencing and receive behavioral mental health. Rehab sud & Reassessment therapy and treatment plan while incarcerated or outpatient and or diversion / probation designed to prevent recividism due to chronic symptoms not always easily managed by persons with neurodivergent frontal lobe disregulation and "other disorder and disabilies defined but the A.D.A act,504,and IEP plan which were acknowleged &addressed in his adolescence which with cognitive therapy behavioral management &pharmacitical stimulation he excelled in social ,academic ,athletic setting &well into adulthood

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'll provide a concise response to your complex question about ensuring legal rights and accommodations for someone with ADHD and substance use disorder (SUD) in the criminal justice system. Here's a breakdown of key steps:

1. Document the disability: Ensure all medical diagnoses and treatment plans are formally documented.

2. Notify relevant parties: Inform the court, public defender, and jail administration of the disability and need for accommodations.

3. Request specific accommodations: Examples might include extra time to process information, written instructions, or breaks during court proceedings.

4. Advocate for appropriate treatment: Push for mental health and substance abuse treatment while incarcerated or as part of a diversion program.

5. Consider involving a disability rights advocate: They can help ensure ADA compliance and proper accommodations.

6. Educate the defense attorney: Provide information on effectively communicating with neurodivergent clients.

7. Explore alternative sentencing options: Advocate for treatment-focused alternatives to incarceration when appropriate.

8. Request a competency evaluation: If there are concerns about the individual's ability to participate in their defense.

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