psychiatric-o's charges accepted. court in a week.

Discussion in 'General Parenting' started by buddy, Jun 29, 2012.

  1. buddy

    buddy New Member

    Well got the court hearing notice. I have a week to figure out all the pieces. People all said they would write letters etc. But a week notice and a couple are on vacation next week. And how exactly is this blurty kid supposed to know to be quiet and what the difference between guilty and not guilty is?
     
  2. InsaneCdn

    InsaneCdn Well-Known Member

    What does atty say about it?
    If it isn't enough time to get all the pieces, can she ask the court for a delay?
    Are the people who are away, the most critical ones?

    STRESS!!!

    {{hugs}}

    A zillion other questions - but that will all come out eventually.
     
  3. JJJ

    JJJ Active Member

    Letters can't be cross examined. You will need to have them there. I hope the judge crushes her like a bug.
     
  4. Hound dog

    Hound dog Nana's are Beautiful

    Talk to your lawyer and see if they can delay it until you have what you need.

    ((hugs))
     
  5. TeDo

    TeDo Guest

    Oh man, more tax dollars hard at work. It might be a good thing that Q can't keep quiet. The judge will see for himself that this kid is complicated. They will also see that you are doing EVERYTHING in the way of medical/mental health care possible and this is just the way he is and NO ONE can change the fact that he's brain damaged. The psycho knew that WAY before this incident. He KNEW how Q was and continued to provoke him and mishandle him, etc.

    {{{{(((HUGS)))}}}} to you sweetie. It really hoovers when our kids are "prosecuted" for things completely out of their control. I still say psycho is out for payback for the school's disciplining him. What does C say about it? She sounds like she really knows her stuff. Call if you need to. I have VERY strong shoulders (like you didn't know that. LOL) Hang in there. It will all work out. Keep holding on to that. It will.
     
  6. buddy

    buddy New Member

    The dis.law center can give technical advice related to the situation but they do not work on criminal cases ever. I cant afford an attorney. It says on the paperwork that if q pleads not guilty they can decide if he needs a public defender. That seems so backward. On Monday I clearly have a lot of phone calls to make. I did call C (the law advocate ) and she still is shocked and ticked off and is calling another parent she works with in the prosecutors office (adults) but can't talk specifics because sometimes they get overflow cases from juvie. She is going to ask what can be done about his fear of police and his possibly not being able to follow directions from officers or the judge.
    She said to get the letters I was promised from his three doctors, his psychologists and case manager. She said to have the casemanager call since they are the same county to explain this child is severely disabled and has intensive programming because of it. The behavior he did was a well documented behavior and the only one hurt in the incident was my kid and we have pics and a doctor's report to prove it.

    Of course it is a holiday week. Q is upset because he realized this move is really gonna happen, and his therapies (Occupational Therapist (OT) pt sl and the psychiatric) at the brain injury center have stopped because they feel not equipt ...all of them at the same time ...to serve him. I am there for every session and they tell me all the things he did and I observed every Occupational Therapist (OT) session where he did a dozen activities beautifully. He is doing the pet therapy and is awesome. I recorded it even. But since we switched to the other setting there have been issues from day one. They have treated me like trash. Treated him like a juvenile delinquent and the director seems good friends with the Occupational Therapist (OT) who told me he will be suspended if he does any of the behaviors that they said he needed their therapy for. I get being nervous if he would ever get aggressive with them but he hasn't. They have seen him get that way with me ...months ago. I offered having behavior people (our! Integrated Listening Systems (ILS) workers ) there in case anything would ever happen and they won't even consider it. These jerks who talk to me about him in the waiting room in front of him are worried about confidentiality. I'm sick of it. Another kid. HIT mine and one was told (again in the waiting room ) that she has done nothing in pt for weeks bit both of those cute white kids are still there. Q just said it's ok ..
    He didn't know better.

    So q lost five people he looked forward to seeing every week in one fell swoop.


    We are moving and he will lose that security. Lose all the kids he knows.

    He will lose his new teacher ...the director of the school program because he is retiring after summer school. Q just told me that he is the best. He will take it personally because he thinks everything is about him. I'm asking that they not tell him and we can tell him before school starts but after all this other koi is done.

    Im overwhelmed.
     
  7. SuZir

    SuZir Well-Known Member

    Oh, I'm so sorry to hear it is so stressful. :hugs:

    Both (the ultra stupid, if you ask me) court case and Q having so much changes at same. That would be difficult and stressful even your most neurotypical and well adjusted kid and must be really hard for Q. And if it's hard for him, I'm sure it's even harder for you. Hopefully you at least get a smart judge.
     
  8. buddy

    buddy New Member

    Oh good grief ...I just was trying to imagine how to explain a guilty versus a not guilty plea. He can't understand the ramifications at all. He just said last year one night ...mom, is this feeling guilty that I feel bad that I broke the remote? You know it was an accident right? And we talked about it. He could think peading guilty could mean that he feels badly it happened. It is so crazy. This will be a long weekend.
     
  9. InsaneCdn

    InsaneCdn Well-Known Member

    The atty needs to get Q's status before the courts... as in, not even mentally competent to understand "guilty" vs "not guilty". THAT alone will say a LOT about the charges.
     
  10. InsaneCdn

    InsaneCdn Well-Known Member

    The atty needs to get Q's status before the courts... as in, not even mentally competent to understand "guilty" vs "not guilty". THAT alone will say a LOT about the charges.

    More than that... there WILL be a lawyer willing to take this pro bono just based on the disability situation... or, at least, contact the local law school and see if the prof/student team will take it on, as this would be a classic training case.
     
  11. InsaneCdn

    InsaneCdn Well-Known Member

    Have you tried talking to the prosecutor?

    What about Wright's Law?

    There HAS to be somebody who can help.
     
  12. buddy

    buddy New Member

    I agree but there is no attorney. Just a court clerk filed the charges. There are no names assigned just a court room and time. No defender for q. For now I'm supposed to gather the info and bring it. I will be calling the office there on Mon of course to see what can be done. My case manager is on vacation too. All next week
     
  13. Malika

    Malika Well-Known Member

    Buddy, I sent you an email chattering on about your good news of the move, etc, before I read any of this. I'm very sorry. Hopefully, common sense, the weight of documented evidence (of Q's condition) and simple basic justice will prevail. The charge does seem ludicrous. You don't need it but you have it... one more challenge to be risen to. Will you be able to defend the case yourself if there is no lawyer?
    Hugs.
     
  14. klmno

    klmno Active Member

    It sounds like this will be a prelimindary hearing. Q might be able to get a public defender, which will save you some money. In this state they can get a competency evaluation on a juvenile, which is different than the type they use on adults sometimes. For adults, it's to see if they are mentally incompetent in the eyes of the law either due to MH or IQ. For a juvenile it's to see if the juvenile is mature enough to aid in his/her defense and if they can understand things like the difference between guilt/innocence, a misdemeanor/felony, and the different roles of defense, prosecution, a GAL, etc. No way Q would pass that. I'd be asking for one of those if I were you. If the minor isn't found competent the judge can order a "class" to teach them then hold the trial afterwards but they only do that if the kid is a little older and just never learned our court processes; if the kid is younger, has a developmental delay, or otherwise seems farther away from being able to understand it, the judge has to drop the case or order MH services or something- if the kid has never had opportunity to get any appropriate services. In your case, I would think the charges would be dropped- any decent judge is going to throw this out of court. The judge just might need justification though- like the competency evaluation.
     
  15. pasajes4

    pasajes4 Well-Known Member

    The current climate of "0 tolerance" being practiced in mot school district's, has put our kids in jeapordy of facing charges for the very behaviors that we are jumping through hoops to find appropriate treatment and educational placement. When my son had to go to court, his attorney and I sat in the court room and counted the number of juveniles who it was obvious had "something" going on. Over 1/3 of them were in court on school related charges.

    This is total insanity.
     
  16. buddy

    buddy New Member

    This isn't even the school district. When the sp ed director found out she started swearing....she asked the advocate "what the f*** does he think he is doing?" She said in all the years of working on cases im that district she has always kept her professional hat on. So the advocate said so I assume there was a consequence for what he did and she said she couldn't give the details but this must be retaliation then the advocate said she thinks either the union or the principal probably told him that he needed to justify his use of force and cover his :censored2:.

    He had no marks, didn't try to deescalate the situation, and Q had the only injuries. We at least have pics and a doctor report.

    Last year the principal told a para to file charges against a girl with autism who bit her when she grabbed a figit from her. Again no danger to anyone with the toy but she wasn't supposed to have it. Instead of following the behavior plan she grabbed and walked away so the girl wanted it back. This same girl is afraid of men and psycho pulled her out from under a table where she went to calm herself. The table was in the autism room! They should have put a blanket on the table to help her calm! Its disgusting.
     
  17. TeDo

    TeDo Guest

    Ask C for a name of a lawyer that might be willing to do it pro bono. I would also call PACER and see if they know of any lawyers that might do it pro bono. This case is so absurd that maybe you should take it to the media. You would end up with lawyers lined up at your door wanting the case. AND.....it might make psycho back off. I don't know too many sane people that wouldn't. What are the actual charges?
     
  18. Rabbit

    Rabbit Member

    please try to get a pro bono lawyer or a lawyer who will lower his/her fee. Is there a law school near where u live? Sometimes law students can help u. Hang in There. Sending Hugs Rabbit
     
  19. buddy

    buddy New Member

    The law advocate said that in our county...she of course goes to all of them, that even if the kid really has legal issues, conduct problems etc...that the public defenders and the prosecutors work hard to find programs and it sometimes is held against the kid if outsiders are brought in. I think that sounds NUTS but she said it really is true that they tend to find programs etc. She has seen it go rough on kids who have outsiders. I think that sounds corrupt and illegal at least immoral but it is what she said. I do believe they work to find programs because this county does have a lot of resources (note: Q's large waiver, our grant to help move etc. ) but still.... that is scary. I am going to follow her advice for this one time, calling them and seeing if I can get someone in my son's case management office to get ahold of our case manager or at least her supervisor may step in??? and they can try to call and explain the issue with this kiddo as well as gather the evidence.

    If they seem at all unreasonable or intimidating and not as she said, I will get his own somehow....I'll call around to ask about lawyers, I know of one that only works with autism but they are very expensive.
     
  20. Ktllc

    Ktllc New Member

    Lawyers will usually offer a free consultation at first. It would not hurt to have someone's opinion and see if this someone has connections to direct you to a sliding fee attorney or not-profit or anything else that might help.
    Even if you follow advocate's advise, you could have someone working for Q in the dark. Can you ask the advocate about this? Does she have any connections?
    I can't imagine the stress and worries...
    Lots of hugs and supportive energy going your way.
     
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