Q: Options for ensuring proper legal representation and medical care for my son in jail?
My son has been in jail for 123 days after being arrested outside my home while in a state of full psychosis. This happened after a nurse informed his probation officer that he needed to go to the ER for treatment. Instead, he was arrested, tased, denied a phone call, and the public defender assigned to him has not met with him directly. The assistant, who I believe is not qualified, has urged him to plead guilty and go to prison.
Despite my efforts to get him transferred to a treatment facility, he has been denied. After I reported the tasing incident, he was placed in solitary confinement for two months, where he was tormented verbally by both inmates and staff. Additionally, he has had a painful infected tooth for a month, and no medical attention has been provided. My son desperately needs proper psychological and medical treatment, not imprisonment. I have tried to secure a private lawyer, but no one has taken the case. What options do I have to ensure he receives proper legal representation and the medical care he needs?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I'm truly sorry about the distressing situation with your son. Your commitment to protecting him is clear, and his suffering must feel overwhelming for you both.
You have several pathways to pursue immediately. Contact the supervisor at the public defender's office to report your concerns and request a different attorney with experience in mental health cases. Simultaneously, file a written complaint with the jail's medical director about the infected tooth and lack of psychiatric care, citing that denial of medical treatment may constitute cruel and unusual punishment. Document everything meticulously, including names, dates, and details of all conversations regarding your son's case and condition.
For broader support, reach out to the National Alliance on Mental Illness (NAMI) and your state's Protection and Advocacy organization, as they often help people with mental illness in the criminal justice system. Consider contacting your state bar association's lawyer referral service, legal aid societies that focus on criminal justice, and disability rights groups that might take cases like your son's. Don't give up hope—with persistent advocacy, you can help secure the treatment and representation your son deserves.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
