What to do if my father is facing a considerable amount of time in jail but he suffers from possible borderline personality disorder?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my father is facing a considerable amount of time in jail but he suffers from possible borderline personality disorder?
The charges stem from actions that would directly come from symptoms of the disorder. Would being diagnosed with this help his case in any way?
Asked on May 1, 2013 under Criminal Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Commission of a crime requires both the physical act and the requisite mental state. For example, some crimes require a specific intent. If one has a mental condition which prevents formation of the specific intent, the person can't be convicted of that particular crime.
The requisite mental state varies depending on the particular crime and the definition of that crime. Without knowing the specific charges against your father, it is not possible to know the requisite mental element for those particular crimes in order to determine whether or not borderline personality disorder would prevent him from forming the requisite mental state. If the definition of the crime(s) with which he has been charged require a mental state which could not be attained due to borderline personality disorder, this would provide him with a strong defense.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.