Special ed 18 yr. IQ 75. Took her Adderall and sold it for $1 at school to buy gummy worms, is now in jail. Can we get case dismissed?

Asked on May 26, 2009 under Criminal Law, Indiana

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It's possible.  That's a very low IQ, and I'm assuming you can document that.  Most courts recognize severely diminished capacity as a defense to many charges, if the person either can't really understand the difference between right and wrong, or doesn't have the ability to control her actions because of her illness.

The way this defense works can vary from one state to another, and whether it will be useful will depend on that, and on all the facts of this case.  You need to have an experienced criminal lawyer defending this unfortunate young woman, and one place you can look for qualified counsel is our website, http://attorneypages.com


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