Can I get warrants dropped if I’m mentally retarded?
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Can I get warrants dropped if I’m mentally retarded?
Asked on February 19, 2013 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can't get a warrant automatically dropped just because you are mentally retarded. However, your mental status can affect other things. First, if/when you are arrested on the charges, it would be a basis for the judge releasing you on a low surety bond or on a personal bond while the charges are pending. Second, your mental abilities could also have an impact on your eventual guilt or innocence. If you did not have the mental ability to understand your actions, you could plead non-guilty by reason of insanity. If the court determines that you were sane, they can still consider your mental difficulties as mitigating evidence to justify punishing you less than a regular offender.
If you believe that you are not guilty of the charges for which the warrant has been issued because you didn't have the mental ability to commit the offense, then you need to find a criminal defense attorney to help you. Do not talk to the police on your own. Instead, let the criminal defense attorney communicate some of your information. If the officer investigating your case decides that you did not have the mental state to commit the offense, then they can make the decision to pull the warrant.
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