Burglary, Arson, Home Invasion help for diabetic acused of burglary

[xrishansen]

anyone please advise!!!!

I'm a type 1 insulin dependent diabetic. Three days ago I blacked out while mowing my mothers lawn. My mothers live in boyfriend found me sitting on the mower and assumed I was drunk. I spoke with him but remember nothing but being on the lawnmower. He told me later that I went into the house and packed a bottle of wine in my backpack then got on my bycicle and told him I was going to visit my friend down the road, about 1/4 mile away. I remember nothing of these events due to my low blood sugar. He said that I left at aprox 4pm. I was then gone for many hours and he began to worry that I may have had a diabetic reaction and went to find me. when he arrived at the friends house he saw my bike was parked outside. My next memory is of him yelling for me to wake up. I came to and could not understand how I had gotten there. I was also compeatly naked. I looked at my watch and saw the time was now 3:30am. I then looked around and saw that the house was in general disarray and messed up. My mothers friend said get some clothes on and go home. I did not see my clothing anywhere so I put on a pair of pants and a shirt that was lying on the floor. As I was exiting the building I could see that the lower level of the house was flooded with water and I could hear water running. When I got home with my mothers friend following he told me that he had my backpack and I should go to bed. I then went to sleep. The next day two police officers came to my home and arrested me for burglary [felony] and distruction of property. They said that my state ID and Cell phone where found at the house and asked me if I had been there. I said yes and rturned the clothing I had found. It seems that the owner of the house was not home that night and I must have broken in and caused this damage. I made a statement to this at the police station and included that I could only speculate as to what had happened due to my blacked out condition at the time. I also said that I would never intentionaly cause such harm and recalled nothing. I was then booked on the afore mentioned charges and later released on a siniture bond. I have a pretrial conferance sheduled for Oct.31st.

What kind of defense do I have against these charges? Can I be convicted if I had no comprehension of my actions at the time? What must I do to prepare for this meeting? What are the odds of jail time? I did not commit this crime with any kind of intent or malice, I simply didn't know what was happening and can't remember what happend.

Anyone, please advise. I'm very afraid they will send me to jail!!!!

 

[Michael Wechsler]

To be honest... your story is very hard to believe. While you may have low blood sugar, I'm not sure that means that you are unable to know what you're doing, including getting a bottle of wine to take with you. You're going to have to find someone who will testify that your low blood sugar could cause such a condition and that is going to be difficult.

The rest of your actions are downright bizarre, e.g. waking up naked without any recollection of where you were and how you got there. Why aren't you in the hospital if you have such a bad condition? You're probably going to have to accept that you can't play both sides of the fence.

Let's assume that somehow you can convince people that you really didn't know what you were doing and that you are a mindless zombie with your low blood sugar. If that is the case, then you don't have any "mens rea" or culpable state of mind to be guilty of the burglary charge. I don't know what state you are in or the exact code but there is something in the charge that identifies a state of mind, e.g. knowingly enter the property of another, knowingly take the property of another, etc. and your state of mind was that you really didn't "know" anything.

Given that there are many other functional diabetics, you had better figure out where you need to be because with your condition you should probably have a history of these events or we're not getting the whole story. I wish you the best of luck but seriously, you sound like you need a LOT of other help.

 

[xrishansen]

I don't know, it is very bizarre. I have had cases of missing time before. I just
usually wake up on the floor or in bed or something. I've had conversations with people that I didn't remember later but usually low blood sugar causes one to be lethargic, not to run around like a wild man. I don't have health insurance so I don't see my doctor as often as I should, and isulin is extreamly expensive. Maybe a statement from my doctor could help? So if I can prove that I was not aware, then what might happen? I was thinking of appering at my pretrial conferance without representation. As a show of honest remorse. I have been humble throught the corse of these proceedings so far and think maybe they might offer me a good plea if I appear humble and genuinely sorry, which I most certinly am. Is this a bad Idea, should I have council there? What are they going to do at that time anyway. I can ask for council anytime right? Do you think I face jail time with no history of crimes like these? Don't DAs want to just get it over with without a trial. Should I plead not guilty because I don't remember but know that I most likely did these things?

 

[xrishansen]

I don't know, it is very bizarre. I have had cases of missing time before. I just
usually wake up on the floor or in bed or something. I've had conversations with people that I didn't remember later but usually low blood sugar causes one to be lethargic, not to run around like a wild man. I don't have health insurance so I don't see my doctor as often as I should, and isulin is extreamly expensive. Maybe a statement from my doctor could help? So if I can prove that I was not aware, then what might happen? I was thinking of appering at my pretrial conferance without representation. As a show of honest remorse. I have been humble throught the corse of these proceedings so far and think maybe they might offer me a good plea if I appear humble and genuinely sorry, which I most certinly am. Is this a bad Idea, should I have council there? What are they going to do at that time anyway. I can ask for council anytime right? Do you think I face jail time with no history of crimes like these? Don't DAs want to just get it over with without a trial. Should I plead not guilty because I don't remember but know that I most likely did these things?

 

[CdwJava]

As Lawprofessor mentioned, without medical testimony that this is what happened, you have an uphill fight to convince anyone that this was not the result of your inebriation or intentional bad acts.

I have seen cases of people with diabetic problems and they do not go on a crime spree.

I would strongly recommend you consult with an attorney before you dig this hole any deeper. Now that you have cemented your story of not remembering most of what happened, it will be easier to catch you in an inconsistancy when/if you make a statement saying you DO remember something! If I had to guess, you will make such a statement and then your credibility will be further tainted.

Speak to that attorney. Appearing without benefit of counsel is NEVER a good idea.

- Carl

 

[Dave_H_23]

xrishansen,

Even though the others answering your post seem to assume you are guilty of whatever you're being charged with and your're making up the diabetic thing, I don't agree with their opinion. I hardly think that being found sitting there naked and confused at the crime scene is "going on a crime spree." The "going on a crime spree" is typical police and prosecutor spin... which you do have to be aware of and afraid of.

Don't say any more to the police or prosecutors. You'll just be giving them more to work with.

See if your doctor will help you regarding the symptoms of your illness. Maybe I don't have the medical expertise the others who answered here have, but I did find this. Note that one of the symptoms of your illness is confusion. Here is an excerpt from Yahoo Health:

"... What are the symptoms?

Symptoms of diabetes are increased thirst, increased urination, weight loss, and sometimes increased appetite. These symptoms usually develop over a few days to weeks. Occasionally, some people notice symptoms after an illness, such as the flu. They may think the diabetes symptoms are related to the flu and not seek medical care early.

Sometimes, a person may develop symptoms of diabetic ketoacidosis before seeking medical care. Symptoms include:

Flushed, hot, dry skin.
Loss of appetite, abdominal pain, and vomiting.
A strong, fruity breath odor (similar to nail polish remover or acetone).
Fast and shallow breathing.
Restlessness, drowsiness, difficulty waking up, confusion, or coma."

I would start with the public defender because private defense attorneys will just try to get you to pay them thousands of dollars up front and end up telling you that you have to plead guilty anyway.

Good luck,

-Dave H.

 

[seniorjudge]

...

Even though the others answering your post seem to assume you are guilty of whatever you're being charged with and your're making up the diabetic thing, I don't agree with their opinion.

....

Really?

Where do you find that?

 

[Dave_H_23]

To be honest... your story is very hard to believe.

I'm not sure that means that you are unable to know what you're doing,

You're probably going to have to accept that you can't play both sides of the fence.

Here's some.

 

[Dave_H_23]

I have seen cases of people with diabetic problems and they do not go on a crime spree.

...before you dig this hole any deeper.

If I had to guess, you will make such a statement and then your credibility will be further tainted.
- Carl

Here's some more...

 

[seniorjudge]

None of those examples assume guilt.

They refer to credibility and not guilt.

Neither the prof nor the cop know this guy (and neither do you or I).

Considering what he posted, it's a tad incredulous.

He needs medical experts to back up his claims.

 

[Dave_H_23]

Type 1 diabetes is a very serious illness. As my original post stated, one of the possible symptoms is confusion. But hey, we throw mentally ill and retarded people in prison to rot, why not add seriously physically ill people? The prosecutors get more convictions and the people who are seriously ill won't get proper medical care in prison and will die. Everybody wins, right? Except, of course, the poor guy who dies in prison, but no lawyer, prosecutor or judge cares about him anyway.

-Dave H.

 

[CdwJava]

I know a number of people with Type I diabetes, and none have ever been accused of crimes at multiple locations. Usually, when they have a meltdown, they are incapable of making it from point A to B ... in this case, the guy gets around and manages to do some pretty articulable things.

We have no idea if he is guilty or not. However, without some SERIOUS and credible medical testimony to back this up no jury is going to buy the argument ... especially since I suspect the defense will have a nearly impossible time finding any other examples of people with his alleged condition doing this kind of activity.

What is more likely is that alcohol combined with his condition caused this situation. However, this is not likely to save him from liability but it might mitigate some of the damages.

- Carl

 

[xrishansen]

Thanks to the guy on my side.

So I've spent the whole day on line printing up numerous accounts of hypoglycemic memory loss and blackouts. I've made quite a packet of information. I've highlighted in these accounts all valid info stated by MDs. and healthcare professionals. I also found a complete medical study on the effects of bloodsugar and the function of the brain. It seems there is a rather large body of evedince to support my claims. I will have this as well as a statement from my doctor when I appear for pretrial. I have decided to meet with the public defender tomorrow to disscus my case but will appear at the pretrial conferance without council. I have the right to council at any time and will seek it should this go to trial, but it is my belife that it would be a sign of humble good faith to leave the lawyer at home for this meeting. This person has the power to reduce or drop the charges at will right? So why show up like a smartass with a lawyer? Why not just be a person and ask for help or mercy. I'm sure DAs get plenty of lawyer this and that. Maybe someone with a problem and honest remorse about what happened would appeal to their tender sesabilities. I don't mind paying damages and restitution I don't mid probation cuz I'm not a bad person. I just don't think I deserve to go to jail, and definatly not a felony. What you legalizers think about that plan?

 

[Dave_H_23]

xrishansen,

I'm not sure what the pretrial conference is for, but if it's to try to do a plea, I would have the public defender go with you. Ask him straight out what his plan is. Attorneys are notorious for NOT doing what you thought they were going to do.

Again I say, don't say any more to the police or prosecutors about the actual events of that day. You'll just be giving them more to work with.

Don't make the mistake of thinking that the prosecutors will be seeking justice, they are only seeking convictions. Please believe me on this. We told my son to tell the truth and he decided to help the prosecutors. They only used my son and then screwed him over. Then they lied and cheated during his trial.

Don't trust the prosecutors.

It sounds like you've done your homework on the illness. I think you should try to get the public defender to help you now.

-Dave H.

 

[xrishansen]

Hey thanks for the addvice. I will have the defender come along then I guess it's the norm. As to telling them anything, I haven't really. Just that I came to at the house. They asked lots of questions when they took my statement but I wouldn't sign it until they added that anything I said was only speculation as to what had actually transpired. They added that and then I signed it.

Is it wrong for me to say I'm sorry? Is that an addmition of guilt? I feel really bad that I did that to my friends house? I may not have been aware but I still feel resposible for what happened. I couldn't stop it but the fact is it was me. How should I respond to that line of questioning? The police kept asking why didn't you try to contact your friend when you realized what had happened. I just said I don't know. What do you think the real odds are here of getting through this okay? You say they want convictions, but wouldn't they rather take care of things with out going to trial? I know some people who are real trouble makers and they never seem to have trials. Do you think they reallly want to go through all that just to have another body in the county klink? What do you think I should ask for? I feel awful and I'm afraid to leave the house these days for fear that this could happen again. It's very unsettling to lose your senses like that, and worse to know that someone wants you put away for it besides.

 

[CdwJava]

Regardless of YOUR research, that info will never see the inside of a court room unless presented by an expert who can also testify that YOU suffered the condition at the time of the alleged offense(s). Stories printed from the internet and even medical journals are, by themselves, NOT evidence.

You need the benefit of counsel, and one that is experienced in medical defenses.

Again, this is going to be a tough sell to a prosecutor and at least as hard to convince a jury.

- Carl

 

[Dave_H_23]

xrishansen,

Here's what I think...

Is it wrong for me to say I'm sorry?
No, you did these things, and you're sorry. I think it's OK to say it. That should help you right now.

How should I respond to that line of questioning? The police kept asking why didn't you try to contact your friend when you realized what had happened. I just said I don't know.
I would stick with that answer for now. Ask the public defender about this, too.

What do you think the real odds are here of getting through this okay?
I would think that the odds of "getting through this okay" is pretty good if you consider probation which ends with this not being on your record.

You say they want convictions, but wouldn't they rather take care of things with out going to trial?
Generally, they don't want to go to trial. Once in a while when it suits their purpose, they want a trial. I'm pretty sure they get a conviction if you agree to probation (and the judge approves it.)

I know some people who are real trouble makers and they never seem to have trials.
Trials are very rare. Over 90% of the time the accused pleads guilty to something. If you're not willing to plead guilty to something, the prosecutors will charge you with a bunch more and then go to trial. This gives them better odds you'll be convicted of something and generally scares the hell out of you so you plead guilty without a trial like they wanted you to do in the first place.

Do you think they reallly want to go through all that just to have another body in the county klink?
It's what they do. It's their job. Also, since you are being charged with felonies, you could be looking at time in the state pen. We (the US) have over 2 million in prison as we sit, more than any "civilized" country in the world. Prison is a large and growing businses in this country. I think it sucks. The people who run and benefit from the system probably think it's great.

What do you think I should ask for?
Show the public defender whatever help and documents your doctor gave you. Unless you've been forbidden to, try talk to your friend and appologise and assure him you will make this right so he's not pressing this with the prosecutors and police. Show the public defender all the stuff you found in your research about your illness. Tell the public defender your story. Assure him you will make it a priority to get and take your meds when you are supposed to so this won't happen again. Assure him you will make it right with your friend regarding the damages. Ask him to ask for probation or some kind of deferred prosecution where the end result is that it comes off your record at the end. Given you have a clean record and you weren't caught fleeing of selling stolen goods etc. I think you have a good chance here. If you do get what you're asking for, you absolutely have to do all the things you promised. I hope you know that you're risking your very life not taking your meds as prescribed.

As far as the other advice about getting (private?) legal counsel and medical experts; You already implied you don't have a lot of money. These things cost thousands of dollars. We tried to hire a medical expert once and as it turned out paid $2,500 for the expert to meet with our defense attorney one time. He didn't feel we paid enough for a court appearance. We also paid about $40,000 to defense attorneys who really didn't do much.

Hope the best for you,
-Dave H.