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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.