Family violence choking case dismissed
Mother of client with long history of mental illness problems and anger issues called the police and reported that she wanted police to intervene and place client into a mental health respite center. Police investigated further and mother told police that client had choked her during an argument. Rather than taking client to a respite center, the police simply arrested client for a felony family violence choking assault charge.
The problem is that there are very few mental health respite beds available anywhere, and in order to get one the person really has to be in a significant mental health crisis. Client's family had moved to Texas from another state where it was apparently much easier to place a person in a temporary mental health facility. Here in Texas unfortunately if a person has arguably committed a criminal offense, the mental health respite center becomes the county jail.
With mom's help I was able to provide the DA with proof of mental health treatment, proof that client had moved out and was no longer living with parents who were the object of much of his anger, and convinced the DA to dismiss the felony assault charges "in the interest of justice."
Postscript: client's story may be featured on the Dr. Phil Show!
Practice area(s): Criminal Defense
Court: 368th District Court