Massachusetts Diminished Capacity Criminal Defense Lawyer
Keith Halpern, Attorney at Law, of Boston and Wellesley, represents individuals who have been charged with major crimes in the Commonwealth of Massachusetts in both the state and federal courts. Individuals suffering from mental illness are particularly vulnerable to being charged with crimes. The failures of the mental health system and inadequate funding for treatment have caused a great increase in the numbers of the mentally ill facing the threat of prison. Providing the mentally ill with a defense that fully takes into account their struggles requires a lawyer with unique experience. The successful presentation of evidence of temporary mental impairment caused by trauma or intoxicants, often referred to as "diminished capacity," also requires a skilled attorney, familiar with the many complexities of the law involved in defending the mentally impaired. Sometimes the difference between a defendant with diminished mental capacities being sentenced to prison or getting the help that he or she needs comes down to the experience of the criminal defense lawyer. If you or your loved one has been charged with a crime, and you believe that mental illness or temporary impairment played a role, attorney Keith Halpern can evaluate your case and help you by ensuring that these issues are fully developed and best presented. Contact our Boston or Wellesley law office to schedule an initial consultation.
Mental Health Issues in a Massachusetts or Federal Court
There are many ways in which evidence of mental impairment may come into play in a criminal prosecution. The first is determining whether the defendant is competent to stand trial. In defending charges, evidence of mental illness may provide a complete defense and acquittal if the prosecutor is not able to prove that the defendant understood the wrongfulness of their conduct and had the capacity to control their behavior. However, a "Not Guilty by Reason of Mental Illness," verdict does not mean that the defendant goes home. The prosecutor can attempt to enforce treatment in a mental health facility. The need for an attorney with experience in dealing with these difficult issues does not end when the jury returns. Evidence of mental illness or impairment may be presented at trial in order to persuade the jury that the defendant was guilty only of a lesser crime. Or this evidence may be used in negotiations with the prosecutor, seeking dismissal, reduction of charges or a favorable plea agreement and sentence recommendation. In the event of a conviction, it is the judge that must be persuaded to take evidence of mental impairment into account in fashioning an appropriate sentence.
Professional Criminal Defense Lawyer for Mental Illness and Impairment Cases
Attorney Halpern has an established and unique record of success in handling cases that involve these complex issues. Cases involving mental illness or impairment typically include the presentation of expert witnesses by both the defense and the prosecution. The ability to work with these experts, and the knowledge of how to best cross-examine them, is critical. Attorney Halpern has achieved acquittals and dismissals based on mental illness in cases ranging from murder to telephone harassment. If you are the defendant or the family member of someone charged with a crime, and you believe that mental illness or impairment was a factor, contact Keith Halpern, Attorney at Law. A Harvard Law School graduate, Mr. Halpern has over three decades of criminal law experience. He has the compassion, professionalism, and experience that you require to develop and present a defense based on mental illness or impairment. To schedule an initial consultation in his Wellesley or Boston law office, call 617-722-9952.
