Tuesday, February 3, 2009
fetal alcohol syndrome son when he leaves prison
These few sentences are for parents and carers of people with brain-based birth defects often fetal alcohol spectrum disorders. Social services staff, probation officer, teacher, and like-minded people, perhaps even a few comforts here.I have 15 years experience as a Canadian criminal lawyer, both prosecution anddefence. Like many lawyers I have made many mistakes, like a lawyer when dealing with fetal alcohol withclients questions, and I pointed out here how you and your lawyercan prevent some of the mistakes I made.I have shaped this paper into a question and answer format with short paragraphs onsimple issues, because it seems an easy way for me to simplify complex situations. I amwriting as if I spoke personally to a customer (and carers / parents) in thedesk in my right office.How To select a lawyer Criminal Tribunal for the child / person with FASD? This can be difficult, since most people touch the law when they buy or sell or a testament theirhouse made or interpreted. Most members of a public audience haveformed their impressions of what a lawyer does and from these encounters is mild orfrom ---- Hollywood.I trust that you know that neither Hollywood nor the millions of TV universe has muchreality when it comes to law and lawyers lawyers.Criminal are special because they are a part of the basis of democracy. This isnot a simple explanation of how you can quickly find out if your son or daughter with a brain-based parent is in court and the powers of the state are against you and all youhave a criminal lawyer. Criminal lawyers these serious social responsibility instride easy and nothing pleases us more than to beat the state and to help the small guy.Criminal lawyers are usually odd. They also tend to be loners. You can have a partner ortwo, but most of them work, because part of who they are, and partly because the nature of the ITIS work alone against the police, the prosecutor, the prison, and, of course, against the government . A criminal lawyer is usually not only criminal work. He or she can be a fewside areas of law, but the emphasis is always on the defense of people who have criminal problems. So, ALWAYS avoid a lawyer who says he has a general practice of real estate, family and corporate law.Start looking in the yellow pages of the phone book ... a quick scan will show that mostlawyers advertising that suggests that its practice is limited to personal injury work.Then noted that some say their work is limited to criminal defense. This is thebeginning of the list.-------------------------------------------------- ------------------------------Page 22If you have friends, contacts in the police or in court, askthem .... It is a universal truth, quietly acknowledged that the police always know whoare good lawyers. When police, lawyers, court personnel, probation officer, lawenforcement personnel, and other normal people in trouble, they seem to use Thésame lawyers .... Good defenders. Ask your local policeman is always agood start. And the advice just remember how much you pay for it.From the short list you have from the Yellow Pages telephone to name a few. The choice alawyer for your son or daughter should have more time and energy than buying a new car / truck. To make calls five or six lawyers is a good start, but probably not enough tomake an informed decision. You have to speak to ten and you may need to askprobation officers or friends at work ... especially those who are ready to seize the opportunity acriminal attorney for driving under the influence of alcohol is problems.Rarely lawyer over the phone you will learn much about themselves or their practice.After you have tried the above methods, you need to interview in her lawyers offices.The trick is to find a competent criminal lawyer you like and trust ... .... LIKEAND confidence. These words are your guides. If you like her, your communication willbe awarded. If you trust him, you will have the feeling to be heard, to see inyour problem, and you will understand what is happening with your son.Do not worry if your lawyer does not know about Fetal Alcohol Spectrum Disorder (FASD). You can use information of a criminal lawyer fast. No one learns as quickly as acriminal lawyer with a file in hand.Do not measure criminal lawyers of the furniture in the waiting room. Do not expect that their bubbling emotional Welcomes Tobe or to use social language soft upon your arrival in TheOffice as a contract vendor. The business of the criminal law is deadly, andyour lawyer immediately to get business.Money issues must be quickly resolved and the agreement. Lawyers are expensive, and are less fewand adoption aid. Here, your income. If you cannotpay for which you have chosen, they will gladly recommend to your ability topay.While your lawyer would have a quick answer to your question, since most criminal problems are as clear as the nose on your face, they want to return. This issign by a competent lawyer. You need to research an item or a few calls beforegiving a opinion.Your chosen lawyer will tell you what the case, as seen from the theprosecution. It is each of the elements of the charge and tell you that theprosecution must prove each element of the cost over a reasonable doubt.Your lawyer will tell you how local judges in such cases. Your lawyer will Arang of rates should be "guilty" are the results.-------------------------------------------------- ------------------------------Page 33There are two practical time-saving things you can do in advance that will yourlawyer.First a typed chronology ... one or two pages .... A brief history of your son whichincludes date of birth, adoption information, and any significant medical or medical issues. Catalog and describe by date and location, behavior problems, perhapsusing the different classes in the school as a guide. On whether he ever arrested and notcharged, list of past criminal and criminal record (if any), the various sentencesimposed by the courts, and all names of helpful doctors, psychologists, teachers and ifpossible, all members of the police support. Second, assemble all the court papers, including a list of the indictment, and reasonsfor sentence, probation and orders ... everything from the court with her son's name on it.Sometimes lawyers have to search old files and, if the original documents with the file numbers makes his job easier.Include This letter of reference from school or other documents that contain the describesome behavior of your son's difficulties. If you have a written diagnosis fetalalcohol spectrum disorders (FASD) is, like any other psychological reports, reports that apparently ormedical important. Put in everything, because it is faster for yourlawyer to edit the paper as an unnecessary new documents, which he did not knowexist.Make two copies of all these documents and places them in separate black ring binders three: one for you and one for the lawyer. Update these binders as time goes on. It with you for all visits to the probationoffice, and if your son is in jail or in prison, a copy of the Director of institution.Learn to disseminate this information, especially if you have a written FASD diagnosis helpful orhave psychological reports, the names and phone numbers / email addresses of professionals supported by you and your son in the past.How to learn, see your son's case with the prosecutor Eyes? You can learn to see your son is offense from the perspective of theprosecutor the eyes, if you have two points: 1) The prosecutor is the Attorney Lawyer for your community ... allmembers for the community including you and your son. Eachday you work on cases before a judge that the prosecutor's office believes to begood cases. So, what they see that you do not? This question arose again and again until all the feeling of your son'scase has evaporated. It is very simple. Remember: the police gatheredevidence indicating that they can prove each element of the offense thecriminal ... it is not personal, it is a job.-------------------------------------------------- ------------------------------Page 442) Prosecutors have a solemn obligation to the court that a duty of any prosecutor takesseriously to stand up and do the right things for the community. Thismeans the prosecutor has strict ethical guidelines and there is no danger for ajob behavior on the small cases such as with your son.This does not mean that prosecutors are shaky, weak, or buckle under pressure to the contrary is the case. You have a job that requires great determination and they arevigorous.Before case will be approved, and the prosecutor replied: "Yes" to thesetwo questions: 1.Is is a high probability of a conviction? And2.Is in the public interest to proceed? Finally, prosecutors are facts. The specificity of the birth of your son's lack rarely, if ever, in their thinking process.Again prosecutors ask: Can I, as each element of the offense? If yes, thengo to court. Yes, it is so easy for a prosecutor.Thus you need professional help in the form of a criminal lawyer apart, when the single-minded prosecutor. Seldom has any parental intervention with theprosecution do all good. Most of the time you give the prosecution more informationthat makes it easier to condemn your son.How to prepare for the outcome? Up from 80% to 90% of cases lead to the person guilty of or plead guilty beingfound. This is not surprising, as police and prosecutors are professionals. This factneeds, the heart immediately after you hear the police arrested orquestioned your son.Start by you deep in your heart and tell yourself: it's still my son ... what can I do? Please note this truism: Your son is entitled to the same legal advice as any senator, judge or baseball player, with drugs in their car. Stop reacting emotionally and startresponding carefully as if you were a judge, senator or million-dollar ball player.First ... .. him a lawyer now.Second .... Start preparing now for this moment, if the judge says "guilty." Ifanother result comes as a gift and use the measures that you have set asmore of the daily learning process for you and your son. This means, start takingthe "behavior" that someone has been seriously. You may need to startusing curfews, bans on which he "hangs" with where he goes, what he-------------------------------------------------- ------------------------------Page 55does parents and other steps that you have used in the past. Most importantly, to employ beginNOW consequences for those actions, which may draw from his somenegative attention.I mention consequences for two reasons. Firstly, so that you can show the judge (and the community) to this "problem" seriously, and prison may not be necessary because youare ready to monitor and intervene if your son's behavior is incorrect.The second, and most is difficult because even in the criminal system, in prison, consequences will always follow bad behavior quickly and your son will needpreparation for this sudden change in the environment. Her son, May thrive on structure, asmany people with fetal alcohol issues do, but the ferocity of the change will impact Startle evenyou.By I mean more than structure. I mean immediate, substantial changes instructures, privileges and rights. Yes, that means curbing freedoms, this means clear actions on your page to show your son that is about the behavior isunacceptable. I would encourage you that a team, you can here under ofemployers, friends, relatives, teachers, coaches, and others with your son birthdefect. This team is called the "external brain." This sudden introduction of the consequences will be enormously difficult for you and betremendously important, judges later, should be condemning the necessary outcome.Judges need to know that you can, meaningful consequences if they bepersuaded to prison is not necessary.How I set the "external Brain "? This is the most important task that you as parents can do for your son or collect funds daughter.This, employers, friends who can help your son officerssupervise probation. Here you must be open to all members of the "external brain" team. Give them the medical information you have, if you have a diagnosis. Give them anymaterial you see how excellent websites: www.fasstar.com andwww.asantecentre.org. Her son has a brain on the basis of birth defects: The team aims to inthose brain functions of alcohol in the womb is solved. This means different peoplemight have different functions. Some might be to ensure that deadlines are kept.Some it could be some "undesirable" have no contact with your son while otherswork him at work or task. Efforts to make the creation of this team, and are more willing to help, the greater the likelihood the judge could say: "Jail notnecessary in this case!" How can I anticipate and Creating "Workable words" probation orders? Back to the "external brain", which means that the language of your sonunderstands .... not the language of lawyers and judges ... .. Your son to be separated from the-------------------------------------------------- ------------------------------Page 66problem behavioral causes, and structure so that the chances for more criminaloffences not happen.I suggest you make probation orders "Refrigerator proof" .... This means that the same language inprobation orders you use when you notes attached by refrigerator magnets to family members. Do not assume that because a judge read the probation order your son courtand agreed by nodding that he had a real understanding for all that it means.Probation contracts if they assist in stopping your son from repeating the crime or the attempt orfrom completing new crimes. Use your long experience as manifestly to translate what the court wants to "parent" language you use in the homeeveryday.Here, you can for your lawyer, for the court, and for the probation officer, simplesentences that in mind, that achieving these goals ... .. Because you know whatworks for your son. To the criminal system of people, he is just another offender, and theyusually do not know about fetal alcohol issues.Then tell your lawyer about your ideas for probationary contracts as part of the process ofeducating your lawyer about FASD. You know that your son and now to these contracts ASA tool to make your parenting.How to use the orders to structures for the success .... Not for punishment? Here, as you know from working with the brain on the basis of years of birth defects, learning isslow and failure is. I suggest you check Teresa Kellerman and AsanteCentre websites for ideas. Both locations have excellent connections, good articles, and muchexcellent information that your lawyer that the judge then he andprobation officers.Make sure that the lawyer, the prosecutor, the judge and the probation officer thatthere know will be missed Schedule some bugs and some future problems. Plan forfuture successes to the "external brain" You have to convey created.How "External Brain" concept Every chance you? Again and again, like spelling or arithmetic exercises, every chance you get and withlawyers trial with judge and prosecution to give them something about the "external brain" ...., if nothing else they can keep ... Her son from prison. Again and againexplain that person before the court a brain based birth defect. Do not use theproblem of defective brain as an excuse. Quiet, say that the behaviors are the result. Theexplanation brain is based. The "correction" is the "external brain". If nothing else learn and teach that the mere punishment guarantees MoreRe - Open thing, because people with BRAIN Based Birth defects can not learn how Youand I.-------------------------------------------------- ------------------------------Page 77AS Diane Malbin supporters we have in our expectations of people with brain fetalalcohol and then we need to adapt their environment. This change means inenvironment with probation orders in a positive way. For example, if there is a "no go" The Mall, or a "no contact Fred Smith" order, write, alternative places to go oralternative people see.I wholeheartedly recommend parents and caregivers read Barbara Coloroso the two excellentbooks: 1) The Bully, the bullied and the bystander, 2) children are worth It.The books contain sharp paragraphs with concrete evidence that parents and probationofficers will appreciate.How Give to lawyers, judges, probation and information? Place the paper in their hands. Do not expect that she Cruise websites. Download andphotocopy these proposals: a. Criminalization of Fetal Alcohol Syndrome by Dr. Caron Byrne, Assistant Professor of Psychiatry at the University of British Columbia, Vancouver, BCbMistakes I have worked with clients of FAS Bouldingc.A David Lawyer's letter on FASD by David BouldingALL three available AT: www.asantecentre.orgAnother fine source for creative ideas for good-hearted probation orders, the work is thewebsite by Teresa Kellerman (www.fasstar.com). She is a mother and coach to FASDtopics, and she has many pages of specific information that you want to give probationofficers.Then and buy the books: The Challenge of Fetal Alcohol Syndrome: Overcoming the SecondaryDisabilities, Dr. Anne StreissguthFetal alcohol syndrome: A guide for families and communities, Dr. AnneStreissguthFetal Alcohol Syndrome and Fetal Alcohol Effects: Strategies for Professionals, Diane MalbinA can not judge a whole book as evidence. Many do, but in parts of the booksand see relevant articles if they are their reasons for the decision. Unless you givethe information to judges, they will never know. Everyone in the criminal system oncethey Learning issues like fetal alcohol help if they can. If you materialsto a probation officer you can be sure to read it. So it is up to you, the parents and caregivers, to educate the good people in the judiciary.-------------------------------------------------- ------------------------------Page 88Clearly, this training is a long way, as the upbringing of the child with FAS.Last Words Repeat these three points every chance you get: 1) Fetal Alcohol Spectrum Disorder is permanent brain damage - psychiatricdrugs prison and the time is not lost brain cells repair or re - Absent brainfunctions.2) Fetal Alcohol Spectrum Disorder is a multi-sector problem - a single agency canNEVER solution to these difficult situations alone: Use team! 3) There is good news and it is considered "external brain". The external brain, as alegal concept, our obligation to care for the meat: It is our duty to the brain-based birth defects to her because we are all equal before the law.As team members of the "external brain" consists from parents, coaches, lawyers, judges, police officers, probation officer and we can make a positive difference in the lives ofthose with these brain on the basis of birth defects, if we as team.Thank youDavid Bouldingdmboulding@shaw.ca
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