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It is important to understand that simply having some mental illness or disability does not automatically mean that the person is not legally competent. Many people who are suicidal, for example, nonetheless are legally competent and understand quite well things that are explained to them, like the consequences of taking a plea agreement. The standard for legal competency is not very high. Our jails and prisons are filled with lots of people that have various mental problems. 

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Here's the thing she is a zombie on that stuff that's why she absconded in the first place that stuff is like a chemical lobotomy with long lasting side effects leading to permanent brain damage. There must be a way to implement some kind of alternative treatment personally it's obvious to me if she was just out from under all the stress of the situation she would be 100% better and man if her father passed while she is in jail she's really gonna lose it

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You still haven't explained who "they" are. Whatever her mental health diagnosis, she needs to address it with whomever is treating her. Yes, being in jail for a crime you committed and having a sick parent are stressful, but, she brought much of this on herself by not following any of the conditions of her probation and absconding. Helping her do so was a serious error in judgment.

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She doesn't handle stress to well but I tell ya the 4months we hid out and her days weren't filled with psychotropic drugs and impossible appointments were the most stable I had ever saw her especially considering still not being able to see her daughter even when we got the news about her dad . 

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You can't. She is in custody. If her lawyer thinks it appropriate to her case, he can make the request, but honestly, the role of the court is not to adjudicate the best medical treatment. It is to adjudicate her crimes. By your own account, when she skipped town for 4 months she was just fine mentally, and not in need of medication. That she is stressed now that she is facing a lengthy incarceration, is normal. "Mental Health Professionals" are not typically part of a criminal case, and certainly not to advise on treatment. If her attorney brought them in to testify, you will have to ask him why he did so.

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You have to understand that if you could bring in mental health professional that would testify that she is not competant at this time to be sentenced, the judge could order her confined to a mental institution until they certify her fit to be sentenced. You would just be postponing the inevitable. Would the judge do that, unlikely if this was a misdemeanor, likely if a felony, if you could even get to that point. Your wife is most likely going to serve her sentence, now or sometime in the near future.

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You guys are not understanding the judge and prosecutor both have said she is not a danger and do not want to sentence her to prison in fact they were ready to let her flee to the east coast to be with her dad . Here in California there is something called Laura's law which gives the court the power to order mental health treatment as part of a sentence . The judge asked for the mental health assessment to cover his ass cause he doesn't know what to do. He has to do something cause she plead guilty .her attorney has done nothing  .the prosecutor doesn't want to send her to prison either so they're trying to leave it to a mental health issue .what I am saying is the county mental health people are far to eager to pump her full of dangerous drugs and the courts just going along with whatever they suggest. If I could get a private psychologist to do an independent assessment that differed from theirs and offer an alternative treatment plan that say just involved therapy or something I think the judge and prosecutor would be on board .my question is how to go about that.? 

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Two things. Don't represent that he is independent. 2 Don't imply that if he disagrees with the court experts, that they would risk their license by lying, because that is what you just implied. It may work, but realize that judge's rarely let people go who flagrantly flaunt their orders like your wife did. If he does, count her very lucky and don't expect it will happen the next time if there is a next time.

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Thank you for your candid answers.I wasn't implying that they (court experts) were lying just that he (my brother) wouldn't be lying just cause he was my brother,  as he would not risk his license . My hope is that he may be able to offer an alternative treatment to drugs that would be acceptable to the court to fulfill sentencing requirements. 

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When the prosecutor said he feared if she was allowed to go be with her dad that she wouldn't come back and they wouldn't see her till she was arrested again. the judge said "that wouldn't necessarily be a bad thing"  to me that said they really just don't know what to do with her and are sympathetic to the situation even more so than her public defender and definitely more than the mental health experts who are a bit to eager to get their drug therapy court ordered .

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They appear to be sympathetic, since they are at a loss how to treat her in the system.  If your brother gives a viable alternative to drugs that she would tolerate better while incarcerated, that is where the prosecutor appears to be leaning towards.  I just don't want you to be too upset after going to all this trouble, if they will not release her before she completes her sentence.

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