How Can They Do This?? Need Advice Fast!!

[cstarlight]

I have never posted here before but i am just freaking out and need some advice.

I was informed this afternoon that they are issueing a warrent for my son's arrest(he's 17,but mentally about a 10 yr old), now, as i do not condone his behavior or what he did which happened at school i don't understand this at all. they are 2 misdemeanor charges for assault and malicous destruction of property. They told me he would have to turn himself in to the sherrifs dept(no problem there)but they are charging him as an adult so that means they are going to lodge him in the county jail with all the adults in the GENERAL POPULATION at that!!! :eek: This kid cannot read, barely write, does not understand his rights and could not protect himself if he had too. The problem is is that i cannot afford an attorney and in order to get a court appointed attorney he has to enter a plea and be arrianged in front of the judge meaning that he could be in jail all weekend long. The state where i live says if he is 17 he is considered an adult and goes to ADULT JAIL!! :(
OOH MY, What to do??? Any one got any advice???

And to make matters worse i am in the process of moving....out of state at that and have to be out on the 2nd of April. These people make me soooo MAD that they cannot see that they are putting this child at further risk by doing this, i swear if anything happens to him in there i am going to sue the h*LL out of them. The sad part is that none of this would have happened if community mental health would not have played around and took him off of his medication. I told them this would happen but would they listen...Nooooo!! And now they are nowhere to be found to help on this, they now left us holding the bag!!! :mad: :mad: :mad:

[buttrfli]

I am not an attorney, but you do NOT have to enter a plea in order to get a court appointed attorney. You need to tell him not to say one word and ask for an attorney. Thats the only thing he should say. While looking up some info for my DD about something else, I know I saw some info about legal rights for the mentally disabled, but I didn't save it. I will look and see if I can find it again.

Had your son been diagnosed with anything? You need to make sure that the police have that info on paper... even if you have to make a copy of it and give it to them.

They won't let him turn himself in on monday? I don't kow where you live, but can you get a free consultation from an attorney who can tell you where to go. or do you have legal aid?

[Njean31]

you should call the jail and ask for the medical department and talk to the supervisor there. tell them he needs to see a psychiatrist as soon as possible and if possible be seperated from general population. at the jail i used to work at most of the people with mental health issues were placed together and they also had a juvenile block where they were housed until they were 18. good luck :)

[YankeeMary]

"Treatment Not Jail" ... does your son have an IEP? Is discipline listed in it? I hope so, that would help alot. Contact your local NAMI office and someone there should be able to put you into contact with someone in your area. Do this ASAP its very important to act quickly. Go to www.NAMI.org Click on "find support", then click "your local NAMI", then click on the state you live in. I hope all works out for your son. My heart goes out to him. I will pray for you both.

[dlwt]

No advice because I dont know just want to say Good luck and hugs to you

[MamaFairal]

yep in most states 17 is considered and ADULT!
what did your son do? J
ust curious maybe theres a way around the charges.

[iluvmybaby]

Is your son medically declared as mental retarded? If so then a lawyer can get him tried as a child or maybe ever just get probation since he is not mentally sound

[Blondiex46]

Ok what happened since you posted? Who informed you? What is his disability? Man so sorry

[queenangie]

No advise - just warm hugs!

[CatrinaF25]

he will be in a adult jail yes. but they will NOT put him with people over 18 he will be on a juvy floor. I am sorry your going threw this :( also in our state if you bond out of jail you can not get free attorney so look in to that . hugs!

[cstarlight]

They picked him up Friday night at 7pm, cannot see a judge to be arraigned until Monday morning. I had to fight with them to take his meds with him and what meds he has left that he is still on they are not giving him and soo he has been in there banging his head on the walls for the last 6 hours non stop!!
He got into a fight with his teacher at school over a CD player and when they tried to restrain him he bit his teacher and broke the skin. His official main diagnosis is Schizophrenia Paranoid Type. I cannot even begin to know how he feels right now, he's probably psyching out, i feel so bad for him. He has never been left away from home or without family for any period of time and surely not overnight!! I guess i sit here and play the waiting game till he goes to court and can get an attorney assigned to him. I'm just doing alot of praying right now and hoping he's ok and will make it till monday. Thanks to all of you for all the advice and kind words.....i cannot even begin to express how much it means to me!! :)

[BeanieLuvR]

((((cstarlight))))

That is terrible. I am praying for your son`s safety and well being. I can`t believe knowing his condition that they would do that to him.:(

[AngelGrim]

legally they cannot keep his meds from him, and if they still are then you can contact the press if nothing else and explain the situation, sometimes the press gets action for people and sometimes attorneys jump on cases like that when they see them.

[gingerswit]

I hope things are well and that he gets his meds.

[irrelevant0]

good luck. :(

[TX_Cowgirl]

so how is your son is he out?

please keep us updated

hope all is lookin up for yall

[one_angel]

I am with some other people on this board. Your son's rights are being violated in more than one way! First of all, mentally disabled or not, any person should be allowed to take their prescribed medicine, especially if it affects the person's mental capacity.

Also...I don't think that in this state (don't know about yours) is allowed to try a person that is mentally disabled in the same way they would try any other person. He may be tried as an adult, but he should be tried as having limited mental capacities. Also, as others have asked, does he have an IEP that has addressed behaviors?

[TX_Cowgirl]

please let us know how your son is
did you get him out?

[cstarlight]

*********update*************

Well, We Finally Got Him Arraigned And Pleaded Him Not Guilty And Finally Got A Lawyer Assigned To Him, He Is Not Totally Out Per Say But Is Out Of The County Jail And Now At The Forensic Testing Hospital Which They Said Could Take Up To 6-8 Weeks As The Lawyer Requested A Compentency Evaluation And A Criminal Responsibility Evaluation. At Least They Put Him Back On His Meds Down There And They Have Come To Realize The Seriousness Of His Disability As The Have Informed Me That On His Iq Test That His Final Scoreing Was Border Line Mentally Retarded. They Said He Also Has Very Severe Personality Impairments.
I Will Let You All Know What Happens When I Know More, And Thank All Of You For All Your Advice,support, And Concern!! ;)

[buttrfli]

I am glad that things seem to be going well....

and I am being nosey, but why would they have him at a forensic testing hospital??

[cstarlight]

I am glad that things seem to be going well....

and I am being nosey, but why would they have him at a forensic testing hospital??

Because where i live anyone charged with a crime that has any mental impairments are sent to a forensic center for evaluation and testing when it is court ordered.

[YankeeMary]

Because where i live anyone charged with a crime that has any mental impairments are sent to a forensic center for evaluation and testing when it is court ordered.
Its the same here I believe. Though its very difficult for you all to go through this, try to think of it as a good thing, hopefully he will receive treatment and not jail. I pray for you. HUGS!!!

[MsLynn]

never mind

[MsLynn]

no matter what happens, until he is 18, IT IS ILLEGAL to house him with adult prisoners....

[buttrfli]

ooohhh just goes to show ya how much i know :rolleyes: I have never heard of a "forensic hospital" before and I guess thats why it threw me off. :D

[TX_Cowgirl]

glad to hear your son is getting his meds and the help he needs...