Mental Health or Mental Illness Defense

Under the law, a conviction on criminal charges requires that a person act with a “culpable mental state,” or, guilty state of mind.  Oftentimes, a person’s level of culpability is effected by an underlying mental illness or mental health disorder.

The law surrounding the defense of people with an underlying mental condition is extremely complicated and very complex. For instance, whether someone is competent to stand trial means something very different from whether they acted with the kind of mental state required for the person to be found guilty.  How a mental condition affects a criminal case will vary from person to person and case to case.  If you or someone you love is charged with a criminal case and has an underlying mental health disorder such as mental retardation, a developmental disability, or a mental illness such as bipolar disorder, you will need an attorney who is familiar with the intricacies of both the law and the mental health disorder, and skilled at using both to protect and defend.

Kathy McGuire has a masters degree in social work as well as a law degree. Over the years she has developed a sub-specialty working with individuals with a variety of mental conditions which affect their criminal case.  In fact, Kathy has been involved for years with a legislative task force designated to study the laws effecting people with mental health issues and served as Chair of this task force throughout 2012 to 2013.  Throughout her career, she has been asked to train other lawyers on mental health-related issues and she has tried numerous cases where a mental health disorder was a critical issue in the case.

Kathy has the ability and experience to work effectively with the client and communicate the issues to the prosecutor, judge and jurors.

Contact Kathleen McGuire at kmcguire@kathleenmcguirelaw.com to schedule an initial consultation.

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