I am so sorry to hear how hard things are for you now and I'm afraid that it may get harder until you find out what’s wrong and got him properly treated.
You should discuss these things with his neurologist tell him/her what's going on they might be able to help and if not find a way to get another doctor, because I believe that your right something is not right and he needs help.
Good luck to you and your family
I also found a web site that might help get you some answers
First of all, it's not the end of the world.
Your first step is to consult with his attorney, and if he doesn't have an attorney to find one. I cannot emphasize how important this is! Legal aid is available if you don't have money, but they are pretty crummy and often don't show up until an arraignment. Unfortunately this is going to cost money. Legal aid bottom feeders generally pay little attention to misdemeanors or violations.
While you have the time, obtain copies of all his previous medical records via the freedom of information act. ALL of them. These will be important, if a psychiatric evaluation is ordered by the court.
In American legal doctrine there is the principle of "mens rea". There must be criminal intent for an act to constitute a crime.
Clearly, this is not the case.
Secondly, do not necessarily believe the allegations of the arresting officer. The facts of the situation may vary from the allegations. Your husband may have been simply drunk.
Once you have an attorney, the attorney must interface with the assistant district attorney and the judge, at arraignment.
Generally, such a case is disposed of through "pre-trial deferment" at the federal level and an "adjournment contemplating dismissal" at the state level.
In the "ACD" situation, the court will stipulate a period of time, after which, if the defendant no longer gets into trouble, the case will be dismissed. Mandatory psychiatric counseling may be ordered.
The "court psychiatrist" is not your "friend". Your husband should have another evaluation by a psychiatrist who works for him (and his attorney).
In a serious case there must be a grand jury. For misdemeanors and violations this is not the case.
The issue of "psychiatric treatment" is a mixed bag.
I urge you to search for and read the several books by Dr. Thomas Szasz on the pro's and cons of accepting a psychiatric dismissal of a charge. His recommendation is to go to trial, and accept the penalty, whatever it may be, rather than opt for a "psychiatric evaluation".
A question you have to ask yourself is whether or not his mental deterioration seems to be worsening. And whether or not he represents any danger to yourself and your children. There are many forms of mental deterioration that do not involve violence, but this is one of the issues that will be looked at if he receives a court ordered evaluation. Be very careful about what you say when interviewed. Be very cautious about any statement involving allegations of agression. The only person you will be able to trust is his attorney. You can expect any statement you make to be used adversely against him.
It would be helpful for him to sign a medical waiver enabling you to discuss his medical condition with his physician(s). Otherwise, despite the face you are his wife, they will not release medical information to you.
He will be "arraigned" before a judge and a date set for trial. Generally he can obtain a two postponements rather simply.
Before the trial, which in the case of a misdemeanor may only be before a judge (and not a jury) he will be undoubtedly be offered a "plea".
The best course of action may be simply to "cop a plea" and do the community service, which is generally required, rather that opt for the psychiatric defense.
This is not to say he should not get a psychiatric evaluation, but it is best to have this done outside the scope of the criminal justice system.
I wish you good luck.
Welcome to the MedHelp forum!
I am sorry to hear about all this. I tend to agree with Caregiver. Get a complete psychiatric assessment of your husband. This may not be a simple traumatic brain injury. It can be a psychiatric disorder or side effect of some drugs he is taking that is causing abnormal behavior. The legal implications, the need to be hospitalized in a set up which cares for mental disabilities etc need to be fully understood. Please take him to a good psychiatrist first. Take care!
your husband is showing classic tbi symptoms of inhibition due to brain injury-dont just get a psychitrist eval-get a neuropsych eval(there is a difference).when he goes to court have all neuro records and letters and/or appearance by cognitive therapists.don t leave this to chance or that the judicial system will understand--i have had to educate myself and others(incl.medical personnel)about this terrible symptom-sometimes with behavior mod they can learn some control but sometimes they don t.his executive functions were damaged and he cannot help him self