What to do if charged with crimes that I have no recollection in committing due to mixing alcohol and prescribed medication?

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What to do if charged with crimes that I have no recollection in committing due to mixing alcohol and prescribed medication?

I’ve been charged with Burglary in the 2nd Degree and Destruction of Property in the 1st Degree. I was intoxicated at the time and am also on medication that causes me to black out for hours at a time. I have no recollection of destroying or burglarizing anyone’s property. I’ve been told that I trashed a room in my residence hall and stole from them. Again, Ihave no recollection of any of these events transpiring. Please help me figure out what the maximum and minimum penalties of this offense is. Should I speak with a criminal defense attorney? In Clay County, SD.

Asked on October 3, 2010 under Criminal Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you should speak with an attorney in the area as soon as you possibly can.  I have to say that on the outset I doubt that the facts as you have laid them out will be a valid "defense" to the matter or that the facts would be able to mitigate the underlying crime as charged.  I am assuming that you are an adult and you will be held accountable for your actions to some degree unless your attorney can find a loop hole here.  You will probably be facing a disciplinary action from the school as well as the local authorities so it is a good idea to have your attorney on board right away.  Good luck.   


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