What Does Guilty Except Insane Mean in Arizona?
Have you been charged with a crime and looking to plead guilty except insane? Before entering in your plea, there are things to know. A mentally ill defense requires strong proof that at the time of the criminal act, the mental disorder was so severe, that you didn’t fully understand that the criminal act was […]
Can a Mentally Ill Person be Held by Police Without Arrest?
Typically, a mentally ill defendant who is arrested in Arizona is taken into custody by the police, processed into jail, and then promptly charged with a crime before a judge. The police cannot hold a mentally ill person indefinitely without arrest. However, Arizona law allows the authorities to hold a mentally ill person against his […]
Restoration to Competency Cases Remain Controversial in Arizona
Restoration to Competency, or RTC, is a process in which a judge decides whether a person with mental disabilities is fit to face trial. The deliberations associated with restoration to competency help the courts make a crucial decision. When a defendant is deemed competent, he or she can face incarceration and even the death penalty. […]
The Rights of Mentally Ill People in Arizona’s Justice System
Mentally ill people sometimes feel they have no rights in Arizona’s criminal justice system. This is not the case. If you have been diagnosed with a mental illness, you have rights. People with disabilities, including psychiatric disabilities, are afforded legal rights to protect them from discrimination, abuse, and neglect in the criminal justice system. You […]
Mental Health Courts Will Play a Key Role in Arizona Criminal Justice Reforms
Mental health courts are playing an increasingly important role in Arizona’s criminal justice system. However, the state’s prison population continues to rise making the case for the use of alternatives to incarceration. More than 100 stakeholders in the state are pressing for alternatives, reported Tuscon.com. From April to October 2018, Arizona Town Hall hosted 17 […]
Communicating Your Mental Illness to Your Attorney as Honestly and Accurately as Possible
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 […]
What is the Guilty Except Insane Defense in Arizona?
The guilty except insane defense in Arizona, also known as GEI, can be brought when the guilt of a defendant is not in doubt but his or her mental capacity is. This affirmative defense allows the defendant to show the existence of a serious “mental disease or defect.” Not all mental disorders allow you to […]
How to Help a Mentally Ill Family Member who has been Arrested
The arrest of a family member is always distressing. When your family member suffers from a mental illness, the pressures on the family are exacerbated and it can seem overwhelming. If your family member has been locked up, you may not even know his or her whereabouts. Once the relative has been tracked down, the […]
What is Competency to Stand Trial in Arizona?
Competency to stand trial in Arizona relates to Rule 11 which gives a criminal defendant the right to a mental examination and hearing when reasonable grounds for an examination are present. Under Arizona law, reasonable grounds exist when a court finds sufficient evidence to indicate that the defendant is unable to understand the nature of […]
What Are the Alternative Paths for Mentally ill Prisoners in Arizona?
At the Garcia Law Firm, we believe everyone deserves a fair and just trial in the Arizona court system. All the circumstances related to a defendant’s behavior must be considered in a case including mental illness. We are believers in alternative paths to incarceration for mentally ill defendants. Mentally ill people often end up locked […]