I need advice - could be in huge trouble (long read)

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hale_bopp
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07 Feb 2011, 3:49 am

Can you not get someone else to tell the lawyer what he needs to know? Why don't you create a text document, and print it, then give it to them? Can you do that? It might help a bit.



Chronos
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07 Feb 2011, 4:00 am

If you can prove to the judge that you have a pre-existing diagnosis of AS, I kind of get the impression that they will take that into consideration.

From an American perspective, the UK courts are incredibly lenient and understanding of these issues.



Millstone
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07 Feb 2011, 4:03 am

Maybe you need to be in a hospital. On the phone to a lawyer. Not talking to the police



oddone
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07 Feb 2011, 4:14 am

If this is in England and Wales, you shouldn't have been interviewed in relation to an offence of this nature without a solicitor present. A duty solicitor can't be expected to have knowledge of the autism issues and would most likely recommend a 'no comment' interview at first. This was different in Scotland until a recent court case, the outcome I've not fully understood yet.

Where are you up to in the process now? I assume you are on bail with a court date. Is this to be heard in the Magistrates or Crown Court?

You need to be fully open with your solicitor about your autism. It is relevant to your guilt / innocence - you didn't know this man's intent but were gullible, and if you are convicted it is mitigation.

Can you get your parents to talk to the solicitor?

It's precarious to guess at sentencing if you are convicted, but do be aware that the vast majority of those convicted of assault as a first offence receive a non custodial sentence. The guy with the knife may well have previous convictions which won't help him, and sounds like someone you would do well to avoid.



norplay
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07 Feb 2011, 4:34 am

ok, all this is one possible manifestation of trouble we can get in.

"I can half manage a conversation but he's not helpful and he's not understanding." I hear U very much in that.
But as Elder Robinson put's it: the success comes with nevertheless being able to speak/communicate as with the average man on the street.

Have you ever thought of or found, what U're really good at (aspie-wise?)

You'll come out of this a whole lot stronger. And you're a surviver already!



Tracker
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07 Feb 2011, 4:35 am

If you are having problems explaining this to your lawyer, then print out this post and give it to him. You seem to have done an adequate job of explaining your side of the story in this post.


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Pobodys_Nerfect
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07 Feb 2011, 6:01 am

Maybe the police are just saying that the witnesses have said that to try to make you confess. Maybe ring your local Autism support group and tell them what's happened. Maybe someone there can communicate with your lawyer. Go for short walks so you don't get paranoid stuck in the house.



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07 Feb 2011, 7:24 am

Not sure if the dynamic is the same in the UK, but calling the local media and getting some publicity can work wonders. The local news around here love these "human interest" stories.

You need to get your side of the story out, any way possible. Make it a special interest, if you know what I mean.


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StuartN
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07 Feb 2011, 7:52 am

C90R wrote:
Well i can't really remember thats the problem, i know he was shouting about money.. i backed off (i was shocked but never wanted to say anything) about ten -fifteen seconds later it was over, i cant remember exactly, we ran away and he kicked the door. But the witnesses are saying i was doing pretty much what he was doing, they don't know anything about us personally though i suppose, just somethign bad happened to them so they just want to make it sound as bad as possible to the police to get revenge i suppose.


It sounds like an absolutely awful, terrifying experience for the people you attacked. I do not see autism as much of a defence because drinking to the point of having limited recall puts anybody in a vulnerable position. Your strongest defence would appear to be that you were unarmed and did not touch, push, shout at, etc the victims and (hopefully) have no history of antisocial behaviour.

You may find this Autism Alert pamphlet from the National Autism Society very helpful in your interactions with the police and legal representative - it is written specifically to explain autism and Asperger's characteristics to other people, such as emergency workers and police: http://www.autism.org.uk/our-services/s ... -card.aspx (Extract: "Important notes for legal or criminal justice professionals - A person with autism is vulnerable, whether as victim, witness, or suspect. Their difficulty with communication, interaction and imagination puts them at a disadvantage when their actions and behaviour can be misinterpreted. An Appropriate Adult should be called upon to look after their welfare."). Ask to see the police doctor if you need a professional interpretation.



oddone
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07 Feb 2011, 8:06 am

It's also going through my mind that this hasn't done us any favours. We really don't need the public thinking that all autistics are dangerous criminals. They are ignorant enough as it is.



vermontsavant
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07 Feb 2011, 8:47 am

#1 get a good lawyer,the best you can afford.next-get the best psychologist you can afford so the lawyer knows as much as possible about aspergers syndrome.then you need to try for leanient plea bargain bu agreeing to testafy against your co defendent.if this is your first ofense and you cooperate you should avoid jail and a felony record



oddone
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07 Feb 2011, 9:01 am

He's in the UK. We don't do plea bargains and don't have felonies.

Fortunately we still (just) have criminal legal aid.



blastoff
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07 Feb 2011, 9:45 am

Not to be cold, but the first thing you need to do is stop talking about it on a public forum.



Verdandi
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07 Feb 2011, 10:05 am

C90R wrote:
yes i do but i cant communicate with him.

I can half manage a conversation but he's not helpful and he's not understanding.

I will ask him about this and try to explain my situation, but i also feel i may need additional help as everything is so much worse now.


Do you think typing this out and printing it so he could read it all without the need for the give, take, and confusion of a verbal conversation would help?

Quote:
Depression, Lack of sleep and constant fatigue, never ending stress, paranoia, and i cant even face the world outside my front door anymore. Should i go to a GP?


Yeah, probably. I certainly would, as much as I hate to go at all.

Quote:
I feel like my aspergers has presented me with new levels of problems or maybe its something else, maybe another problem with my mental health has developed. Its certainly 100% different from what i'm used to and used to dealing with and hiding.


It could be either, or both.



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07 Feb 2011, 10:33 am

C90R wrote:
Please give me advice



Here's the only advice you should really follow: Talk to a lawyer and secure a psychiatrist/psychologist that has decades of experience with AS. And stop posting on a public forum as anything you say here can be used as evidence against you (and taken out of context for the prosecution's benefit).

In my opinion, yes, you are indeed in a really bad spot. You are an accessory to a violent crime committed with a deadly weapon. I do not see you walking away from this one without a criminal record on file and either time or house arrest/psychiatric stay if the court considers the disability claim.

Again, talk to your lawyer ONLY. Don't talk to anyone else on the issue.