Cypress Mill, TX Criminal Defense Law Firms & Lawyers

A little hard to help when there are so many unanswered questions but here is a stab. He is apparently on a felony probation and picked up a misdemeanor charge. You believe that his medications provide an excuse for his actions which resulted in the misdemeanor charge. It is unlikely that medications caused someone to commit an offense. Even though he disclosed his new charge to his p.o., his p.o. was obligated to notify the court that he had violated. The court made the decision to file a motion to revoke his probation. Once he goes to court on the revocation motion, the court can?revoke the probation, modify the probation (to add conditions and / or extend it), or just dismiss the allegations of violation and let him continue his probation. He needs a lawyer.

Hire a good lawyer. If you just loaded the cart and abandoned it (and they have no witnesses or other proof that you thought you were about to be caught as the reason you abandoned it), then it sounds like a ridiculous case.

Here is the law relevant to when a police officer may take someone into custody without a warrant under concerns regarding mental health: Sec. 573.001. (a) A peace officer, without a warrant, may take a person into custody if the officer: (1) has reason to believe and does believe that: (A) the person is mentally ill; and (B) because of that mental illness there is a substantial risk of serious harm to the person or to others unless the person is immediately restrained; and (2) believes that there is not sufficient time to obtain a warrant before taking the person into custody. (b) A substantial risk of serious harm to the person or others under Subsection (a) (1) (B) may be demonstrated by: (1) the person's behavior; or (2) evidence of severe emotional distress and deterioration in the person's mental condition to the extent that the person cannot remain at liberty. (c) The peace officer may form the belief that the person meets the criteria for apprehension: (1) from a representation of a credible person; or (2) on the basis of the conduct of the apprehended person or the circumstances under which the apprehended person is found. (d) A peace officer who takes a person into custody under Subsection (a) shall immediately transport the apprehended person to: (1) the nearest appropriate inpatient mental health facility; or (2) a mental health facility deemed suitable by the local mental health authority, if an appropriate inpatient mental health facility is not available. (e) A jail or similar detention facility may not be deemed suitable except in an extreme emergency. (f) A person detained in a jail or a non-medical facility shall be kept separate from any person who is charged with or convicted of a crime. As you can see, there are times when an officer can take someone against their will for an evaluation.