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GCaskey · Jun 7, 2009, 09:21 PM

My grandson just turned 18 and was convicted. The sherriff called him to talk and he just confessed. He has now plea bargained to suspended sentence and 6 years probation. This was in Indiana. Is there any way to get that reversed, since they did not take into consideration his mental age? He operates at a mental age of 14 years old.
Also, I would like to have his probation transferred to California. How do I do that?
We don't have money for attorneys, so he had to use the public defender. I really feel his rights were violated.
Thank you in advance for any help you can provide.

Clough · Jun 7, 2009, 10:08 PM

Hi, GCaskey!

As far as his mental competency is concerned, do you have any documented proof as to that?

Thanks!

stevetcg · Jun 8, 2009, 04:30 AM

Going to have to say... probably not possible to get it overturned without a lawyer. Even more so since even at 14, the 'child' should know any law that might get 6 years probation.

excon · Jun 8, 2009, 05:43 AM

Originally Posted by GCaskey

I really feel his rights were violated.

Hello G:

His rights may very well have been violated. But the time to handle that was BEFORE his trial. Once he pleads guilty, it's over.

If you want to transfer his probation, go read this: https://www.askmehelpdesk.com/crimin...on-115783.html

excon

GCaskey · Jun 8, 2009, 06:42 PM

Thank you all so very much. I really appreciate your advice. I am just heartbroken that I can't afford an attorney for him. May God bless you all.

GCaskey · Jun 8, 2009, 06:54 PM

I don't have documented proof. I just know how immature he is. At 18 he still dreams of having a skating party. He could probably be tested, but I really don't think he realized what he was signing or agreeing to.
Once again, thank you all for your assistance.

Fr_Chuck · Jun 8, 2009, 06:57 PM

If he is not mentally able to make his own choices, you need to have a guardian appointed over him. But even at age of 14 he would or should know right from wrong so that may not stop him from being found guilty.

The only issue is his ability to plead guilty but that should have been addressed with his court appointed attorney.

And you were saying in another post you wanted him to join the army if he is only at a 14 year old level, why would be able to go into the army and be on his own

Sorry but having worked at some major colleges, they still go skating, still have water gun fights and do all sorts of pranks.

Alty · Jun 8, 2009, 07:01 PM

Originally Posted by GCaskey

I don't have documented proof. I just know how immature he is. At 18 he still dreams of having a skating party. He could probably be tested, but I really don't think he realized what he was signing or agreeing to.
Once again, thank you all for your assistance.

So you're just guessing that he has the mental capacity of a 14 year old. Immature and mentally slow are two different things.

You would need a psychological evaluation done in order to prove this claim. It won't be cheap.

scott_1976 · Jun 8, 2009, 07:03 PM

If immaturity was a crime most of the world would need to be incarcerated. I hope he learns a lesson, may be he needs people to stop doing things for him and have to learn and do things for himself. Unless he is developmentally handicapped that would be a different story and possible could file for an appeal. If he is just immature that is a shame but not an excuse to commit crimes or be let off for them.