Man Accused of Tucson Killing Had a History of Mental Illness
People who are charged with serious crimes of violence sometimes have a past of mental illness. Police said a man accused of killing a woman in Tucson earlier this year had a long history of psychiatric disorders. A report in Tuscon.com said the man implicated in the death of a 61-year-old woman struggled with mental […]
How Often are Defendants Found Guilty Except Insane in Arizona?
The guilty except insane defense in Arizona is used in a relatively small number of cases. GEI, also known as the insanity defense, is difficult to prove in our state. A report on PBS noted lawyers raise the insanity defense in less than 1 percent of felony cases nationwide and is successful in a fraction […]
How do the Arizona Courts Treat Juvenile Defendants with Mental Illnesses?
Many young people with mental illnesses end up in the Arizona courts. According to the AMA Journal of Ethics, about 70 percent of youth involved with the justice system face at least one mental health issue compared to just 22 percent of youth in the general population. Juvenile defendants with mental illnesses may be treated […]
If Someone is SMI, Does that Make Him Incompetent in Arizona?
Serious mental illness (SMI) is a term used people who have certain mental health diagnoses in Arizona. They struggle to keep control of their lives because of the condition. The fact a defendant is diagnosed with SMI does not automatically mean he will be ruled incompetent in a criminal proceeding. His attorney may have grounds […]
Why Defendants Pleading Insanity Must Disclose Examination Results in Arizona
Defendants who plead insanity in Arizona face numerous obstacles. Some of the issues they face infringe on the Fifth Amendment rights of the accused. A recent court ruling found defendants pleading insanity must disclose examination results in Arizona. The ruling by the Arizona Supreme Court in 2017 found defendants who voluntarily seek mental health examinations […]
Can a Mentally Ill Person be Charged with the Death Penalty?
The question of whether a mentally ill person can be charged with the death penalty has been debated at length by the U.S. Supreme Court. It’s a difficult question because there is a lack of consensus about the definition of mental illness. The issue is also becoming moot in Arizona where a prisoner has not […]
Can a Mental Health Attorney Help Me In Family Court?
If you have been involved in a criminal case, you might need help from a mental health attorney. This is especially true during cases that are held at Mental Health Court. But what about Family Court? Yes, a mental health attorney can offer legal advice and representation on cases in Family Court. What is a […]
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 […]
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 […]