How Sentences can be Reduced for Mentally Ill Defendants in Arizona
Criminal defense attorneys put a lot of work into arguing the innocence of their clients. However, some defendants plead guilty. Others are convicted, notwithstanding the best efforts of their lawyers. In Arizona, the law gives lawyers the opportunity to argue for lesser sentences for their clients. Sentences may be reduced for mentally ill defendants in […]
Why Arizona’s Insanity Defense is One of the Toughest to Prove in the Nation
Arizona’s insanity defense is one of the toughest to prove in the United States. The harshness of the defense provoked legal challenges in past years. Opponents claimed it failed to meet basic standards of fairness. The obstacles associated with the defense were challenged in 2006 in the case of Clark v. Arizona. The case reached […]
What are Telltale Signs of Mental Health Symptoms in Defendants?
Mental illnesses are not always obvious to outsiders. On occasions, offenders are not aware they are suffering from a mental health disorder. Family members are often oblivious and the criminal justice system fails to recognize the signs. At the Garcia Law Firm, we have a long record in helping people with mental illnesses after their […]
Is Mental Illness a Defense for DUI in Arizona?
We are sometimes asked if mental illness is a defense for DUI in Arizona. As with any other crime, issues of mental competency may be raised in drunk driving cases. An underlying mental health issue can also be presented by a defense attorney as a mitigating factor during sentencing for a drunk driving offense. The […]
Is there a Link Between Schizophrenia and Violent Crime?
Schizophrenia is a serious mental illness. Some academics link schizophrenia to violent crime. Research suggests a failure to properly treat the disorder can lead to a deterioration that may result in violence. Schizophrenia is a chronic brain disorder that affects under one percent of the U.S. population, according to the American Psychiatric Association. Active symptoms of the […]
Court Rules a Judge Can Order Arizona to Develop a Prison Staffing Plan to Meet Mental Health Needs
It’s no secret that mentally ill people require greater attention and care than other inmates in Arizona and elsewhere. Mental health advocates believe this means more prison workers are required to meet the unique needs of mentally ill inmates in prisons. The prison system in Arizona has fought demands for greater staffing. However, at the […]
What Should you Do when a Mentally Ill person is in Crisis?
When a mentally ill person is in crisis, the scenario is traumatic for the whole family. The crisis may result in the arrest of your mentally ill family member but this is not always the case. A crisis can also lead to self-harm. Certain actions by a family member can help diffuse a difficult situation. […]
How Often is the Insanity Defense Used?
The insanity defense has been used in some high profile cases. However, it is used sparingly in Arizona and elsewhere in the United States. According to a PBS report, the insanity defense is used in just 1 percent of felony cases and it is successful in less than a quarter of the cases it is […]
Can You be Arrested for Homelessness? Phoenix Rethinks its Ban
Many homeless people end up in jails. Often they suffer from addictions and mental health issues. Their predicament is exacerbated by laws that criminalize homelessness. Although the authorities arrest homeless people in many parts of the state, some jurisdictions are rethinking their laws. These include cities in the Phoenix area. Recently, AZCentral reported cities in […]
How to Prove My Mental Illness
Do you suffer from a mental illness and committed a crime? With the help of a defense attorney, you can plead guilty except insane in the state of Arizona. However, how do you prove your mental illness in court? What Types of Mental Illness are Recognized? A diagnosis of schizophrenia, bipolar disorder or any axis […]
