Thread: Probation
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Old 06-15-2007, 08:19 AM
GentleGrace GentleGrace is offline
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Quote:
Originally Posted by RichardeL View Post
The judge and her public defender ordered that she be given her medications as required. They refuse to do so saying they are too busy. RichardeL

A few questions for you. First of all, who told you the judge "ordered" this? Also, the public defender categorically EVER "order" anything.

Also, you didn't say if she is still in custody or not. If she is still in custody, was she denied release? If so, why?

Having said that, I think I can offer you some hope, as a matter of LAW (i.e. what laws govern those who detain and care for defendants) NOT as a matter of personal legal advice that pertains to you in particular. Do you understand the difference?

The reason I asked who told you the judge "ordered" her to be given her medication is because this is not something a judge would have to order in the normal scope and sequence of his or her judicial day. The reason for that, simply, is covered in basic civil liability instruction.

The Constitution grants us, as citizens, certain rights, among which are freedom of association, freedom of movement. Before someone can be denied these ( i.e. jailed, detained, etc) a burden of proof must be met that the person is, indeed, the one who committed the crime, yada yada. This explains the question of why---if someone is innocent until PROVEN guilty, why do they sit in a jail cell awaiting trial.

I said all of that to say, when the judicial system takes away, even temporarily, a Constitutional right ( freedom of movement--i.e. jail) they automatically assume a burden of reasonable care for that person. Now, if a person, a detainee in a jail or prison, hangs himself with a bed sheet ( an item normally found in his surroundings) those in charge at the jail are not necessarily NEGLIGENT. The question is reasonableness. Did the officers, and those in authority exercise a reasonable duty of care? They *could* be negligent in a suicide if they knew of previous attempts, or were ordered to have watch every fifteen minutes and didn't do it, etc. But, they are not automatically negligent.

In cases where it is known that a person has an illness and is on medication, and you say the judge, in the least, made people aware of her physical need, and there is a blatant disregard of her physical condition and she suffers as a result, is a basis for a tremendous lawsuit. The MOST important thing you can do is be able to prove people, dates, times, etc. and you must be able to medically document the medication and or lack of she is taking. Merely saying so isn't enough. I would also, if you feel able, get durable power of attorney over your grand-daughter. This will give you the legal authority to act in her stead. This means you can obtain her medical records and ask her physician to create a letter/document with his signature outlining the criticalness of your daughter having this medication.

Now, if she is out on release, and is taking her medication as directed, perhaps she is out of immediate medical danger. You might, though, have a lawsuit against those who failed to give her the medication, etc. , but be advised you would have to prove by a preponderance of the evidence <the standard in a civil trial, as opposed to beyond a reasonable doubt--the standard in a criminal trial> that the failure of your daughter to have her medication adversely damaged her.

Since I don't know if she is still in custody or not, I don't know what else to tell you. If she is still in custody and is not receiving her medication, I would go to an attorney immediately and have him ask for an emergency hearing and relay this information to the judge that sentenced her to be detained. If you cannot afford an attorney ( preferably a personal injury attorney, as opposed to a criminal attorney) , try the public defenders office---or even, if all else fails, go to the prosecutors office --the one that sentenced her--and make him aware of the situation. However, this really is an important issue---and handling it by yourself is not advisable. You need for the powers that be to take you seriously. You need to respond to what you describe as an egregiously dangerous situation with force and in the right manner. This means the best attorney you can find.

Good luck.
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