QUESTION

my son was arrested for breaking and entering

Asked on Apr 17th, 2013 on Felonies - Michigan
More details to this question:
he can not mentally determine right from wrong w/ddisability.hes bing arrraigned in the next few hours.does he need a lawyer present?
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1 ANSWER

Criminal Defense Attorney serving Williamston, MI at Law Office of Robert G. Fleming
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Having a lawyer present is always helpful. However, the arraignment is merely a formal reading of the charges and the setting of bond. Raising the question of criminal responsibility is a matter best left to an attorney. Both your son's mental ability to understand the charges against him, as well as the nature of the proceedings, the role of the court, prosecutor and witnesses, as well as his ability to understand and assist in his defense are matters that need to be addressed, separately from his criminal responsibility. Unfortunately some courts will not address criminal responsibility  in felony cases until the matter has been bound over to the circuit court. But none the less the  issue does need to be preserved, and his competency to stand trial addressed as soon as possible.
Answered on Apr 17th, 2013 at 3:49 PM

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