Conditional/Unconditional Release From Department Of Mental Health Attorney in Kansas City, Missouri
Seeking Conditional/Unconditional Release From The Department Of Mental Health
When a criminal defendant is acquitted on the grounds of mental impairment or mental defect excluding responsibility [NGRI], the Missouri statutes currently in place mandate that the defendant is to be immediately committed to the custody of the Department Of Mental Health. This period of commitment to the DMH is indefinite - after having been committed to the Department of Mental Health, a defendant can only be released from the custody of the DMH by way of a court order authorizing either ‘conditional release’ or ‘unconditional release.’ Because of that requirement for a court order for release, a defendant can end up remaining in the custody of the Department Of Mental Health for several years or decades, even after he or she no longer poses any danger to himself or to others.
The process for obtaining a court order for release from the DMH nearly always involves a contested trial without a jury, with the prosecutors and the Department of Mental Health routinely teaming together to oppose the request for release. During these bench trials, the prosecutors and the DMH will nearly always bring medical experts and mental healthcare staff to testify in court as part of their global opposition to the request for release. A defendant seeking conditional or unconditional release will oftentimes present the testimony of his or her own expert witnesses to support the requested release and call into question the reliability of the government's evidence. But being outnumbered from the start and because of stakes involved, any person seeking an order of release from the Department Of Mental Health must be represented by an experienced attorney who is both skilled and experienced in cross-examining physicians, psychiatrists and other health care professionals. Tim Mudd is that attorney.
If you or someone you care for is seeking an order of release from the Department Of Mental Health, call Tim Mudd, Attorney & Counselor-At-Law today for a confidential consultation regarding your matter.