Notice to new members intending to register - from January 9th 2012

scm_wifey · #1 05-22-2012, 02:43 PM

Hey so my husband was diagnosed when he was young and in high school stopped taking meds. He is now in jail awaiting trial do to the fact that he lost his temper was in a fight. My question is, is there a way to have him tested or somehow have them look back at his records to fight out he was diagnosed? He needs to be put on meds but he doesnt want to take them. Any help is appreciated!

yourself · #2 05-22-2012, 05:18 PM

OK, we're talking two very separate issues here - one is the criminal case, and the second is the mental health diagnosis. Dealing with the mental illness perspective is very different from dealing with the criminal case. As long as he's competent, his mental illness will not effect his criminal case. In other words, as long as he knows what he's charged with and can talk with his attorney, his mental illness won't mean anything.

Now, as to medication and getting him help once he's through with the criminal justice system - that's a sticky question. As a competent adult, he's able to make decisions for himself, and that includes whether or not he wants any sort of treatment, let alone medication. You, as a LO, may want to explore all available options for him. You may want to check out the Depression Bipolar Support Alliance as they have support groups for both patients and their LO (they actually separate out the patients and the LO so the patients can say what they want, and talk about what they want, and the LO can do the same in their own group). DBSA usually has a group nearby, and they are online with a ton of information. You need to know what you're dealing with as a LO of a person with bipolar as all bipolars are not the same and the type of bipolar usually has a lot to do with what the treatment options are.

Another resource for you as a LO of somebody with bipolar disorder is NAMI. they have outreach for LOs of people with mental illness all over the US and can help by educating you about bipolar, and his type of bipolar, his rights under the law, what you can do, etc.

A bipolar dx isn't going to help him much in his court case because he's not been responsible in attending to the disorder. That means at sentencing, the judge will look at him as more of a threat to society than anything else. Don't even think about an insanity defense - that only comes into play when he didn't know what he was doing was wrong at the time of the offense. Further, if he's competent right now, ie. can communicate with his lawyer, he can instruct his lawyer to not mention any aspect of mental illness to the court and the attorney will have to comply.

Your best bet is to get educated, and get into contact with supports for LO with bipolar and/or mental illness in your community. But, the truth of the matter is that you cannot force him to deal with anything as long as he's competent.

scm_wifey · #3 05-22-2012, 05:30 PM

OThanks ill check out those support groups. The courts have no idea its more so I would like him to consider it. He has a bad temper, he has never hit me or anything its just all the sudden he flips a switch and get really mad and thats pretty much what led him into his situation now. Anyways thanks again I need to see what I can learn about it!

yourself · #4 05-22-2012, 07:06 PM

The courts will never consider information that's not given to it. If he will not talk about it, it will never go in front of the courts.

Further, there's no indication that the Courts will view that information in any way favorable to his case. As stated, he has the dx and has refused help for it. And, IF it contributed to his current situation, then he's responsible for not getting appropriate help for the condition, and placing society at risk.

Those support groups and doing your own reading will help you understand the dx, and what you can and cannot do to help him.

chase23nj · #5 05-24-2012, 06:26 PM

hey , i dont know where you are located but i do know for my vop hearing in nj the judge sugested that i apply for the mental health jail diversion program , it is basicly the same as probation however you are then also court orderd to go to all of you psych apts and take all meds perscribed or it is in violation to your probation. if you can get him to agree to get back on his meds and get help from a doctor this program may work for him , im not a lawyer so i do not know what applys to get on the program but you may want to look into it and see if your state or county offers it , have his lawyer or you call the prosocuters office and look into it , i just avoided having to go to state on my vop with this . good luck!

juss me6 · #6 05-24-2012, 08:08 PM

Quote:

Originally Posted by scm_wifey

OThanks ill check out those support groups. The courts have no idea its more so I would like him to consider it. He has a bad temper, he has never hit me or anything its just all the sudden he flips a switch and get really mad and thats pretty much what led him into his situation now. Anyways thanks again I need to see what I can learn about it!

he may not want to take his meds because they dont make him feel like himself. i to have been diagnosed with bi polar disorder since i was 14 i get happy/angry/sad in a matter of minutes a lot. i have learned to control it without medicine since i was 18. i didnt like the way they made me feel and after playing around with different doses and medicines i stopped taking them. i have learned to kinda control this although with this bid everything has been going crazy. i hope everything works out for your loved one but if he doesnt wanna be on meds i wouldnt force him because you may end up losing him over the fact. he may feel as if you dont love him enough and want him to change himself. he may feel like he isnt good enough for you hearing it.

yourself · #7 05-24-2012, 09:25 PM

Quote:

Originally Posted by chase23nj

hey , i dont know where you are located but i do know for my vop hearing in nj the judge sugested that i apply for the mental health jail diversion program , it is basicly the same as probation however you are then also court orderd to go to all of you psych apts and take all meds perscribed or it is in violation to your probation. if you can get him to agree to get back on his meds and get help from a doctor this program may work for him , im not a lawyer so i do not know what applys to get on the program but you may want to look into it and see if your state or county offers it , have his lawyer or you call the prosocuters office and look into it , i just avoided having to go to state on my vop with this . good luck!

Most states do not have mental health diversion courts, unfortunately. Further, some people would rather do time than admit they have a problem, or submit to the standard "drug 'em" based therapies. Further, it's a recipe for disaster to mandate taking psychopharmacological treatments and comply with a psychiatrist's orders when if costs $200 just to see the shrink, and more than $1000 per month to take drugs.

Unfortunately, a youthful dx of bipolar usually makes insurance out of the reach of many people (pre-existing condition). Get outside the cities and into more rural areas, and the wait can be months to see a psychiatrist who accepts Ssdi. Insurances.

And, again, LO have no standing to bring up mental health issues in a criminal matter as long as the person is competent to stand trial. Fwiw, the first route of escape in an apparent slam dunk case is through diversion programs, youthful offender programs, substance abuse programs, and mental health programs (if any). If my client doesn't want any of that and s/he's competent, I cannot force the issue.

If you want to try to force the issue over the expressed wishes of a defendant, you must start an ancillary action in probate court to have your judgement substituted for the judgement of an adult. The standard for incompetence at that level, allowing your judgement to be substituted for him, will not be met if he's already considered competent by a criminal court.

sacesdad · #8 06-15-2012, 03:31 PM

Quote:

Originally Posted by scm_wifey

Hey so my husband was diagnosed when he was young and in high school stopped taking meds. He is now in jail awaiting trial do to the fact that he lost his temper was in a fight. My question is, is there a way to have him tested or somehow have them look back at his records to fight out he was diagnosed? He needs to be put on meds but he doesnt want to take them. Any help is appreciated!

My understanding is that if he refuses the meds they won't give them. It costs the state more money to give meds. Has he been diagnosed recently by a private person? Do you have the money to send one in? I am in AZ and my son is bipolar. Years ago he was in prison and they took him off his meds to save the state money. Because of this he is back in. This time he must be his own advocate and when told he didn't really need his meds, he said I feel fine taking them so I would like to stay on them. Good luck with the bipolar disorder. It's when people are off their meds that they get into trouble.

yourself · #9 06-15-2012, 03:44 PM

Quote:

Originally Posted by sacesdad

My understanding is that if he refuses the meds they won't give them. It costs the state more money to give meds. Has he been diagnosed recently by a private person? Do you have the money to send one in? I am in AZ and my son is bipolar. Years ago he was in prison and they took him off his meds to save the state money. Because of this he is back in. This time he must be his own advocate and when told he didn't really need his meds, he said I feel fine taking them so I would like to stay on them. Good luck with the bipolar disorder. It's when people are off their meds that they get into trouble.

not necessarily - a certain percentage of the population is bipolar. A certain percentage is criminal. Those populations overlap. A dx is not a blank check to get away with crime. And, there are plenty of times when I've had defendants insist that I raise the mental health issue even though they were adequately medicated at the time of the crime, and the crime was based on the usual - jealousy, greed, alcohol/drug abuse as opposed to something driven by a mental illness.

yourself · #10 06-15-2012, 03:46 PM

oh, and one other thing - there are plenty of people out there with a dx of bipolar who do not take medication. Instead, they maintain stability through a variety of non drug based methods. They are not more likely to commit a crime because they are unmedicated. They don't get into trouble because they are unmedicated.

Mental illness comes in many different flavors and strengths. Some people have to be medicated. Some do not.

Flagirl1960 · #11 07-12-2012, 08:27 PM

don't know what county/state you're in, my second charge, a felony, reflected as i spoke to the judge that my 7 months of outrageous behavior was due to self medicating, going off bipolar meds due to loss of insurance. the judge stepped in and argued my case strongly to the d.a. vs my shitty public defender.
sentencing was reduced somewhat to adjudication withheld vs. the state attys office wishing to give me guilty/felony. it wasn't much but at least some comfort that the judge recognized and acknowledged i had a disorder and for 30 years living in my county was a law abiding citizen except for the 7 months i was off meds.
need your hubby to acknowledge illness, get on meds, to back up the case, fight took place cause he was off meds. otherwise, you don't have much to work with. and sentencing will be what it will be.
some states do offer intervention programs for mental illness, but i'm not familiar enough with the division to give you any advise. look at the county's web site that he was charged in, may offer some resources to contact and advise .

Quote:

Originally Posted by scm_wifey

Hey so my husband was diagnosed when he was young and in high school stopped taking meds. He is now in jail awaiting trial do to the fact that he lost his temper was in a fight. My question is, is there a way to have him tested or somehow have them look back at his records to fight out he was diagnosed? He needs to be put on meds but he doesnt want to take them. Any help is appreciated!

dalesgirl · #12 07-23-2012, 08:07 PM

Okay just from my own history as someone with bipolar. MEDS are a absolute for me, unless I am willing to spend all my time treating my mental illness with exercise, prayer, meditation, therapy etc etc. I don't know how someone could survive in prison without meds to treat the illness because you don't have access to all the things you need to treat the illness without meds.
I know some meds makes people feel odd, but its important to keep trying. There is a myriad of medications out there that help and everyone reacts differently to all of them. Just because he had a bad experience years ago doesn't mean there aren't meds that will help now.
Why do I take meds? So i can focus on my life and not my illness.

Alexandra20 · #13 08-04-2012, 08:15 AM

not necessarily - a certain percentage of the population is bipolar. A certain percentage is criminal.

nilesbrad · #14 08-04-2012, 08:22 AM

You can have the lawyer pull any records and mybe play on the judges hart strings and get probation but the judge is going to say that he is grown and neglecting his meds is his own fault. Find a place to immedite inpatient help and bond him out and continue the case for about a year... you will have better luck!

yourself · #15 08-04-2012, 11:22 AM

Quote:

Originally Posted by nilesbrad

You can have the lawyer pull any records and mybe play on the judges hart strings and get probation but the judge is going to say that he is grown and neglecting his meds is his own fault. Find a place to immedite inpatient help and bond him out and continue the case for about a year... you will have better luck!

actually, that would depend. The best bet is to listen to his lawyer and do as instructed by his lawyer.

samanb1213 · #16 10-30-2012, 09:11 AM

Mine had two psychological tests during his court process before he went to prison. He doesn't take any medication today in prison and he has bipolar and other disorders. So it depends on the person and whether they can function without the meds. In prison, they wont give meds unless its necessary. Mine asked for meds once when he was low and they told him he didn't need them, he was just depressed because he was locked up. So it depends. Mine also never liked taking pills. Mine was doing street drugs at the time of his going to jail. If mine needs pills when he gets out we will do that, But for now he is able to handle it without.

samanb1213 · #17 10-30-2012, 09:13 AM

I asked and asked for him to be put on meds during his court process too and the jail did nothing for him. During that time was stressful for him.

MissKendra · #18 12-16-2012, 06:19 PM

Bipolar Disorder is especially difficult to deal with, especially when it comes to medication...I am also bipolar and suffer from several other disorders. I'm not really sure where I would be WITHOUT my medications. Probably dead. It's really tough to realize that you need the meds, but one you get on them and see an improvement, you realize just how much you need them. Unfortunately, BP is a rather difficult disorder to medicate on! I know I've tried over thirty various meds ad it took me four years to get the right combination AND the right combo currently sets me back a grand a month almost.

But being bipolar unfortunately can't be used to justify everything. I know that I got arrested while being medicated (on the wrong meds.) but my diagnosis or lack thereof wasn't the cause of what I did. But that doesn't mean that any emotional issues DON'T have at least something to do with his actions. So I'm not discounting it!

Regardless, its tough finding the right medications! I definitely sympathize with all the stress and emotional pain that comes with it! :/ I'm not sure how my family has stuck by me. I know that even if he doesn't want the meds, having you stick by his decision is extremely important.

nonamesleftlol · #19 01-02-2013, 12:47 AM

My LO is also Bipolar and is no longer taking meds either. He said when he was on the meds he got in more fights and he was in seg for 6 months during that time too. He hasn't been in any fights in about 1-1/2 to 2 years and has gone from medium to minimum. He does work out ALOT to help maintain though and he has a hard time sleeping, but part of that's cause he's not in a cell anymore, he's in a dorm and he's more paranoid, he actually felt safer sleeping in a cell. But he holds a job everyday, he's the only liscensed HVAC guy they have where he's at, the only time he doesn't go to work is if others have been fighting all night and keeping him awake all night, he won't go work on equipment being really tired. He seems to be managing ok, I did ask him about going back on his meds last week, but he seems postive he's doing good and he seems to be, so I just dropped it.