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Mental defect means the person has been diagnosed with antisocial personality disorder which substantially contributed to the act for which the person’s been charged. Antisocial personality disorder is defined as that set forth by the diagnostic and statistical manual of mental disorders. Mental illness is defined as a substantial disorder of thought, mood, perception, psychological orientation, or memory that significantly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life. Not guilty by reason of mental illness has a specific meaning. It means the person committing the act while mentally ill and was either unable to understand the nature consequences of his acts or is unable to differentiate right from wrong. Tulsa criminal defense attorney Stephen Cale says that a defendant’s mental health may have a bearing on his case. This can include whether not a defendant would be determined to be not guilty, or have a lesser punishment if he is guilty.
There are five instances in which a person could be deemed to be a person requiring treatment because of mental illness. In all instances the person must have a mental illness. For one the eldest must pose a substantial risk of physical harm to the person as shown by evidence. This can include serious threats or attempts at suicide. Physical violence or behavior can also be directed to the persons. Thirdly the person may have placed other persons of risible fear of serious harm. A person requiring treatment can also be one who because of mental illness is in a condition of severe deterioration to the extent that, without immediate intervention, there is a substantial risk of severe impairment or injury to that person. Lastly the person can pose a substantial risk of serious physical injury to himself or death is shown by evidence.
Mental health or substance abuse history can be used as part of evidence to determine whether the person is one requiring treatment. But the mental health or substance history cannot be the sole basis for this determination. An exception applies when the person meets other criteria is a person requiring treatment. However that definition does not apply to a person whose mental processes have been awakened or impaired by advanced years or Alzheimer disease. Neither shall apply to the mentally retarded or developmentally disabled. The definition also does not apply to a person with seizure disorder or a person with a traumatic brain injury.
The persons found guilty with mental defect and is place on probation, the court must immediately order the person to be examined by the Department of mental health. This examination must be done within 45 days. The department will provide a recommendation of treatment for the person, which must be made part of a condition of probation. Failure to continue treatment, and less agreed to by the trading agency and the court, is grounds to revoke probation. This is worth getting checked out by the best Tulsa criminal defense attorney.
The district attorney now has discretion to file certain felony crimes has misdemeanors in certain instances. The law allows the DA to consider whether or not the criminal offense for which the person has been arrested is not listed in crimes involving violence, the nature of the fence, and the age of the defendant. The prosecutor can also consider the background and criminal history the person who committed the crime. Yet another factor for consideration is the character that tell rehabilitation needs of the person who committed the crime. Lastly, a factor is whether it’s in the best interest of justice to found the charges a misdemeanor offense from than a felony.
Also, the DA now has discretion to make DUI convictions charged as a felony in certain circumstances, said Tulsa criminal defense attorney Stephen Cale. The new law which took effect November 1, 2016, provides the DA with discretion to seek enhancement of punishment as a felony for second or subsequent DUI convictions punishment for accidents resulting in great bodily injury was increased to at least four years to 20 years. Previously the punishment was 1 to 10 years. That’s why you need to get the best Tulsa criminal defense attorney.
New laws it took effect in 2016 also related to waiver of fines, fees, and costs after release from prison. The court has authority to waive all outstanding fines, court costs, and fees in a criminal case in four instances. First person served a period of imprisonment in the custody of the Department of Corrections. Secondly that person has been released from custody. Third, the person has complied with all probation or supervision requirements since being released from custody. That person must have made installment payments on outstanding fines and costs on a timely basis every month for the previous 24 months after release from the departments custody. This new law does not apply to amounts owed for restitution to the victim pursuant to a court order or child support obligations pursuant to a court order.
Anyone released on parole is required to report at the time within 180 days after release to the District Court to schedule a hearing to determine his or her ability to pay the fines and costs. The court will look to see whether that person owns fines and costs in any other county. A person may still voluntarily make payments toward fines and costs even if the court waives them.
If the court determines that a reduction in restitution that is still owed is warranted, the court shall equally apply the same percentage of reduction to any monetary obligation or by the defendant. This includes fines, court costs, and costs of incarceration. In 2016, some fees increased. Separate fees and traffic cases other than DUI increased from $10 to $20. Misdemeanor and misdemeanor DUI cases saw some increase in fees. For misdemeanors and misdemeanor DUI cases fees increased from $15 up to $30. Fees for felony cases and felony DUIs increased from $25-$50. In juvenile cases, fees increased from $15-$30.