Son charged with residential burglary

My son is being accused of a residential burglary. He says he didn't do it but in the area. He's 22 and was in special education all his school life. He has a alcohol/substance problem as he self medicates. For 21 years he was basically ok, in the last year he's been in trouble 3 other times. In the last year, I don't what, but something is going wrong with him. I telling everyone "jail" "prison" is not what he needs. He needs residential placement.Any suggestions i would appreciate.

Joe

The law considers if the person being charged understands and knows what he is doing is wrong. Aside from that, it is difficult to establish a causal relationship between being in special ed and being a criminal ( or more importantly, excusing criminal behavior). I am not saying there isn't one in your sons case, I am simply stating how it is difficult from a legal perspective .

Your own posting suggests that since he was 'basically fine' for all those years his behavior isn't based on some issue that makes him unable to control himself--because apparently, he has for many years. Also, choosing to drink or do drugs doesn't excuse criminal behavior either.

Unfortunately, it is difficult for you, as a parent, to intervene in an adult childs life ( from a legal standpoint). There is a lot you can do morally, supporting him, discussing your concerns with him, but from a legal standpoint, unless you have him declared incompetent and take responsibility for him and his actions, he is going to be on his own (from a culpable standpoint) when he enters the court room.

Impress upon him that it is easier to implement preventative measures now, than to assert mental/emotional/physical issues as a defense later. I understand and appreciate your concern, but unless there is some reason he cannot understand cause and effect ( between his actions and the result---i.e. prison) he is going to have to become an adult and accept the cause/effect relationship. Perhaps with your loving support, he can.

Good luck.