Sentencing, Plea Bargains I Need Help for my disabilaled daughter (Mental Illness)

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tnt219

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My daughter was born with Fetal Alcohol Syndrome (Brain Damage) & Drug Addicted. She was kidnapped by birth mother and found abandoned in an abandoned building at the age of 8months old. She had been severely neglected. The short story.
She has Reactive Attachment Disorder, Oppositional Defiance Disorder, ADHD, OCD, And all four Cluster B personalities. These issues cause the people the closest to her to be her targets. Parents and siblings find themselves in danger as quick as a flip of the switch. This was and still can be the case with my daughter. She has had many juvenile charges and hospitalized on so many occasions.
My daughter at this time is living in her own apartment by herself for her own safety. Of being arrested again and just the well being of everyone involved. She has the maturity on her very best day of a 14 yr old. And is incapable on understanding any kind of math and simple things the average person would consider common sense. She is living on less than $500.00 a month she gets for disability. I want it to be known she has thrived and not been in trouble once since we put her in her own apartment. It is just her and her disability dog, we check in regularly to over see Dr appointments Medications etc.....
Our issue
Right after she turned 17, and just a few days after being released from hospitalization due to funding issues. She went on one of her tirades, I do not recall the reason. For my safety I immediately left our home, in my haste I did not lock my bedroom door. This is where all weapons medications alcohol anything that could cause harm was. My daughter stole my medications, in an attempt to get me arrested for not locking them up as a Judge had told me to do so. The next day she presented the drugs to her probation officer making said citizens arrest. She was informed that she would be the one in trouble for having said medications. The pieces get very sketchy here. It is our understanding she flipped out and ran into a bathroom, Her probation officer proceeded to get the police who are present there in the courthouse offices. When she came out of the bathroom she was arrested for 3 felony drug charges. 2 for the 2 different medications and 1 of them not being in the proper container. Every person involved with this case has made it very clear from day one this case truly had nothing to do with drugs this was mental illness. She had been drug tested very regularly for years prior to this happening. It has never been an issue.
Note: My daughter does not qualify for mental health court because she has a organic brain injury (FAS) This is only the case in very few states.
Everyone was trying to help my daughter come to a plea agreement.... They came to one where she would get massive mental health services court ordered, along with 2 yrs probation. But had to accept the felonies. I personally did not agree with the felony part, having grown up in a law enforcement family. She had turned 18 and we did not yet have her limited power of attorney in place. My gut told me this was very very bad, even though her defense attorney repeatedly told us it would not matter since she probably will never be able to hold a job. She accepted the plea.... 3 months later we have no choice but to move her in her own place. We apply for food stamps to find because of her plea she is banned for life from this assistance. We have also found she is banned for life from getting into disability housing as well. My daughter will never be able to survive on her own without these things. Her defense attorney has tired to fix this since she put M unknowingly into a life sentence. Now that she knows she can do nothing to fix it, she has stopped all contact with us. We want this plea changed.... She had know clue what she agreed to. What can we do now?
 
There is nothing you can do about her VOLUNTARY plea.

However, if she was mentally incompetent at the time of her plea, a lawyer might be able to assist her with getting the deal undone.

The problem with that is that under a plea agreement, she is admonished about her mental capacity and must give elocution in open court that she has no mental health issues.

I'm afraid, it is what it is.


Sad, but true.
 
My daughter was born with Fetal Alcohol Syndrome (Brain Damage) & Drug Addicted. She was kidnapped by birth mother and found abandoned in an abandoned building at the age of 8months old. She had been severely neglected. The short story.
She has Reactive Attachment Disorder, Oppositional Defiance Disorder, ADHD, OCD, And all four Cluster B personalities. These issues cause the people the closest to her to be her targets. Parents and siblings find themselves in danger as quick as a flip of the switch. This was and still can be the case with my daughter. She has had many juvenile charges and hospitalized on so many occasions.
My daughter at this time is living in her own apartment by herself for her own safety. Of being arrested again and just the well being of everyone involved. She has the maturity on her very best day of a 14 yr old. And is incapable on understanding any kind of math and simple things the average person would consider common sense. She is living on less than $500.00 a month she gets for disability. I want it to be known she has thrived and not been in trouble once since we put her in her own apartment. It is just her and her disability dog, we check in regularly to over see Dr appointments Medications etc.....
Our issue
Right after she turned 17, and just a few days after being released from hospitalization due to funding issues. She went on one of her tirades, I do not recall the reason. For my safety I immediately left our home, in my haste I did not lock my bedroom door. This is where all weapons medications alcohol anything that could cause harm was. My daughter stole my medications, in an attempt to get me arrested for not locking them up as a Judge had told me to do so. The next day she presented the drugs to her probation officer making said citizens arrest. She was informed that she would be the one in trouble for having said medications. The pieces get very sketchy here. It is our understanding she flipped out and ran into a bathroom, Her probation officer proceeded to get the police who are present there in the courthouse offices. When she came out of the bathroom she was arrested for 3 felony drug charges. 2 for the 2 different medications and 1 of them not being in the proper container. Every person involved with this case has made it very clear from day one this case truly had nothing to do with drugs this was mental illness. She had been drug tested very regularly for years prior to this happening. It has never been an issue.
Note: My daughter does not qualify for mental health court because she has a organic brain injury (FAS) This is only the case in very few states.
Everyone was trying to help my daughter come to a plea agreement.... They came to one where she would get massive mental health services court ordered, along with 2 yrs probation. But had to accept the felonies. I personally did not agree with the felony part, having grown up in a law enforcement family. She had turned 18 and we did not yet have her limited power of attorney in place. My gut told me this was very very bad, even though her defense attorney repeatedly told us it would not matter since she probably will never be able to hold a job. She accepted the plea.... 3 months later we have no choice but to move her in her own place. We apply for food stamps to find because of her plea she is banned for life from this assistance. We have also found she is banned for life from getting into disability housing as well. My daughter will never be able to survive on her own without these things. Her defense attorney has tired to fix this since she put M unknowingly into a life sentence. Now that she knows she can do nothing to fix it, she has stopped all contact with us. We want this plea changed.... She had know clue what she agreed to. What can we do now?

When you refer to "we" in your post are you referring to both you (biological parent) and the other biological parent? If not, WHO are you in this situation?
 
We, My husband and I and my daughter who we adopted through the foster care system when she was two.

My daughter did not fully understand what she was agreeing to. She is only on a 14yr old level. She was never once told she would lose her disability benefits.
 
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