I have an 18 year old brother who is mentally retarded. He has been tested yearly and the most recent of these has placed him at about the same level as a six-year-old. Sweet kid, also has ADHD and a history of schizophrenia but is medically treated for both of these illnesses. This is a boy who loves unicorns and cartoons, can't say his ABC's and isn't equipped to learn anything more than a kindergarten child would know.
About a year ago while at a gathering, my brother's curiosity prompted an inappropriate moment with a little girl. He didn't do what you're thinking and I'm not it's appropriate to say what happened, just know it wasn't the extent of what you are thinking it was more innocent but having to do with the same thing. Inappropriate. Back then, he was only 17 and nothing happened. My mother found out about this, got him professional mental help and nothing more was said until two weeks after his eighteenth birthday in June. At this time, an office showed up at my mother's house while my brother was not home and told her that he had a warrant for my brother's arrest. Obviously, he did not take Justin in that day because Justin was not home. That evening, we, as a family, discussed and realized all we could do was abide by the law and take him in. We wanted him to turn himself in so we could go with him, hoping he wouldn't be as scared this way.
Five months later, the case is stalled.My brother still sits in jail with a court-appointed attorney who's of no help and waits for a transfer to a state medical prison. We have been told that he is incompetent to withstand trial and will most likely be in this medical prison for many years. My questions are as follows:
1) Without even having a trial, how can my brother be sentenced to such a harsh term considering that he doesn't even know what he's done and that even if he was of sound mind, the sentencing would not be as harsh as it is now.
2) Are there any motions we can make, anything we can do to try and change this situation?
3) Are my family and I as helpless in this as we feel? I don't have thousands of dollars to invest in this, but I'm willing to find it if I have to. However, it seems that no one wants to touch this case, money or not, and that there is nothing I can do to change the circumstances.
My brother is afraid of the dark and terrified to be away from our mother. I am terrified of what could happen to a little boy in prison. It seems just like they have taken a five year old child and thrown him in with rough criminals.
Please, if you have any advice at all, I really need some kind of help here. I appreciate you taking the time to read this and any response you may be able to give me.
Thanks
AB Jones
About a year ago while at a gathering, my brother's curiosity prompted an inappropriate moment with a little girl. He didn't do what you're thinking and I'm not it's appropriate to say what happened, just know it wasn't the extent of what you are thinking it was more innocent but having to do with the same thing. Inappropriate. Back then, he was only 17 and nothing happened. My mother found out about this, got him professional mental help and nothing more was said until two weeks after his eighteenth birthday in June. At this time, an office showed up at my mother's house while my brother was not home and told her that he had a warrant for my brother's arrest. Obviously, he did not take Justin in that day because Justin was not home. That evening, we, as a family, discussed and realized all we could do was abide by the law and take him in. We wanted him to turn himself in so we could go with him, hoping he wouldn't be as scared this way.
Five months later, the case is stalled.My brother still sits in jail with a court-appointed attorney who's of no help and waits for a transfer to a state medical prison. We have been told that he is incompetent to withstand trial and will most likely be in this medical prison for many years. My questions are as follows:
1) Without even having a trial, how can my brother be sentenced to such a harsh term considering that he doesn't even know what he's done and that even if he was of sound mind, the sentencing would not be as harsh as it is now.
2) Are there any motions we can make, anything we can do to try and change this situation?
3) Are my family and I as helpless in this as we feel? I don't have thousands of dollars to invest in this, but I'm willing to find it if I have to. However, it seems that no one wants to touch this case, money or not, and that there is nothing I can do to change the circumstances.
My brother is afraid of the dark and terrified to be away from our mother. I am terrified of what could happen to a little boy in prison. It seems just like they have taken a five year old child and thrown him in with rough criminals.
Please, if you have any advice at all, I really need some kind of help here. I appreciate you taking the time to read this and any response you may be able to give me.
Thanks
AB Jones
