Communicating Your Mental Illness to Your Attorney as Honestly and Accurately as Possible

17December
2018

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Working with a trusted criminal defense lawyer that you can be honest and open with is important. To receive the best legal representation, you need to always be up front with your attorney about your mental illness and the details surrounding your case. Remember, they are on your side so that you go through the justice system fairly and receive a fair punishment.

Communication starts with your attorney. The right attorney will encourage you to be honest and open the line of communication. Since they specialize in mental health cases, they know and understand what you are going through. All of your rights are protected, including your medical information and your legal issues. An experienced mental illness attorney will know how to break that lack of communication and will deliver compassionate, supportive and non-judgmental legal advice and representation.

When there are no secrets between you and your attorney, it will only help your case. As long as you let your attorney know all of the details, they will be able to help you receive a fair and reasonable punishment. If you are being charged with a crime and suffer from a mental illness such as schizophrenia, bipolar disorder, manic depression or other mental illnesses, highly consider visiting an experienced and skilled mental illness criminal defense attorney for legal advice and representation.

Garcia Law

With more than 25 years of experience, Garcia Law offers seasoned professionals that communicate fully with their clients. They know their clients’ rights and options, always making them feel like they are on their side. From a wide range of legal issues from felonies to misdemeanors, Garcia Law has the proper education and knowledge to fight for you. Just because you have a mental illness, doesn’t mean you should be silenced. Garcia Law will fight to ensure that you receive a fair case and punishment.

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I Have Been Charged with a Felony, Can a Mental Illness Attorney Help?

19November
2018

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Whether you have been charged with a felony or a misdemeanor, the attorneys at Garcia Law will defend the mentally ill no matter the circumstances. Our staff has experience with all types of cases for the mentally ill such as DUIs, drug offenses, homicides, robberies and more. So, what can you do if you are mentally ill and have been charged with a felony?

The first step after being charged with a felony is to meet with a trusted and skilled attorney. A felony is a serious crime, whether it’s violent or non-violent. If you have been charged with a felony, you could face one to 25 years in prison. In fact, you most likely will serve at least one year of imprisonment. It depends on the crime, severity of the conviction and previous offenses. For example, a class 1 felony conviction can result in a 25 year sentence.

However, if you have a mental illness and are charged with a felony, don’t let that stop you from a fair court process. Legally accused of a serious crime can come with serious consequences. If you have a mental illness, you could bring your case to the mental health courts. Keep in mind that some mental health courts are restricted to misdemeanors. This is why legal representation from Garcia Law is beneficial. We will pay close attention to your case, finding ways to receive treatment instead of punishment, or a combination of both.

Why Garcia Law?

The attorneys at Garcia Law understand the legal system and the mentally ill. Your rights must be protected in the court system, especially if you have a mental illness.  Garcia Law has experience with those suffering from mental disorders such as bi-polar, schizophrenia, mood disorders, psychotic disorders and personality disorders. We understand that you are not in full control of your mental health and will seek justice no matter what.

 

Posted in Arizona Laws, Mental Health, Mental Health Defenses | Tagged , , , , , , |

What are the Conditions for Pleading Mentally Ill

18October
2018

In the state of Arizona, there are times when a person might be able to enter an insanity plea or mental disorder plea. This is when a defendant pleads guilty to a criminal offense, but does not take responsibility for their actions due to insanity or a mental illness.

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It can be difficult to stand trial when suffering from a mental illness. Arizona does offer the option to take certain cases to Mental Health Courts. These are specialty courts that combine judicial supervision along with community treatment and support for those with a mental illness. Mental Health Courts help reduce criminal activity and improve the quality of life of the defendants. They have been able to reduce incarceration and prevent more crimes from being committed, all while offering help and support.

To be able to enter a mental disorder plea, the defendant must undergo an exam and the results must be disclosed. When pleading mentally ill, this doesn’t mean the defendant is not guilty, but that they were unaware of the criminal offense they were committing because of a mental illness. Arizona uses the M’Naghten Rule to test if the defendant was sane during the time of the crime. Under this rule, the defendant could be found not guilty or receive a lesser sentence if they are unable to determine right from wrong. Essentially, they were unaware they were doing something wrong when committing the crime.

Legal services and representation are available for defendants with a mental illness that commit arson, robbery or even assault. When pleading mentally ill, you could get the treatment you need to change your life, reduce your sentence or go to a mental health facility instead of spending time in jail. In some cases, charges could even be dropped.

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Is Working Affecting Your Mental Health for a Compensation Claim?

18June
2018

We all know jobs can be stressful. The daily pressures can lead to physical issues and even psychological issues. Especially when an employer happens to conduct atrocious behavior. You may even be able to have a workman’s compensation claim for the mental illness caused by your employer and workplace.

Who is eligible?

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All employees have the right to file a legal claim or workman’s compensation claim if they think they received an injury while at work. Most employers usually have workman’s compensation coverage or some type of state funded coverage. If you have any serious injuries from an incident at work, you should file a workman’s compensation claim immediately. If you have been showing signs or symptoms of depression, anxiety or any other mental illness, you still may be able to file a workman’s compensation claim as well. Sometimes the signs are subtle, but it still leaves a big impact on the mental and physical health of the employee.

Providing evidence

When filing a claim, you must be able to provide sufficient evidence including documentation from a licensed psychologist. All of your evidence must be clear and convincing. It can be difficult to prove that your mental illness was a direct result caused by your employer or workplace. It still can be done though. Document any events to help prove your case and always keep track of dates, times, any witnesses and other important details.

You might have a case if…

If you feel you have been impacted so much by the behavior of your employer or the environment of your workplace that it has caused a mental illness, you might have a case. You should speak with an employment or mental health attorney to know your rights. Common causes could include belittling, intimidation, yelling during work or aggravating conditions in the workplace that could include timers, monitoring and excessive control.

Posted in Arizona, Arizona Laws, Mental Health | Tagged , , , , , , |

Woman Who Crashed Through Sky Harbor Gate Sentenced

25February
2016

You may recall hearing the story of a 24-year-old woman crashing her car into a Sky Harbor International Airport security gate. Back in November of 2012, when Koko Nicole Anderson crashed through the gate with her infant son, the public and media instantly slammed her, labeling her a terrorist and insane. However, with counsel from Bernardo Garcia Law, her charges were minimized due to a case of mental illness, where a woman did not have the proper resources to care for her Bipolar Disorder.

Public Opinion Didn’t Rule This Case

plane at sky harbor international airportIf it were up the court of public opinion, Koko would be in jail for a long time, maybe the rest of her life. Thankfully, the court of public opinion does not constitute “the right to due process,” and the case was heard in court. After three long years of defense, Bernardo Garcia Law was able to reach a plea agreement for Koko. Sentenced with 5 years probation, along with parenting classes, mental health treatment and monitoring, Koko was able to avoid jail. As part of her plea agreement, she also must pay restitution for the incident. Sky Harbor officials are quoting the incident as costing $13,500 in damage.

If you or someone you know have been involved in an incident and mental health is a factor, give us a call today. Having an attorney on your side that has a wealth of experience defending those with mental health issues can greatly increase your chances of success.

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Posted in Arizona, Arizona Laws, Mental Health Defenses | Tagged , , , |