If my husband is mentally unstable and he was arrested for 6 counts of avoiding and assault on peace officer, is there any possibility that I can get charges dropped?
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If my husband is mentally unstable and he was arrested for 6 counts of avoiding and assault on peace officer, is there any possibility that I can get charges dropped?
Can the charges be dismissed if I can prove his instability?
Asked on September 14, 2019 under Criminal Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, it is not likely the charges will simply be dropped. Being mentally unstable when you commit a crime usually results in an alternative sentence, such as committment to an institution or mandatory treatment, not dropping the charges entirely. Speak to a criminal defense attorney before doing anything: he may be better off with the punishment for these offenses than risking institutionalization, which could occur if the court ends up convinced he can't control himself and is a threat to others or himself (unless, that is, you believe that he should be institutionalized for his own good).
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