Defending Our Clients: Understanding the Law for Your Special Needs Child
Facing criminal charges is an overwhelming experience. This can be an even more stressful situation when you have special needs like autism, Down syndrome, or other forms of cognitive impairment. Understanding the legal system, how to conduct yourself, and how to win your case can quickly seem like the most overwhelming task. Thankfully, the criminal defense attorneys at the Law Offices of Ray Cassar know how to appropriately communicate the processes of a special needs case.
Don’t let the criminal justice system bulldoze you into a confession or sentence you for a crime you don’t fully understand. You need a criminal defense attorney who understands the unique circumstances—you need the Law Offices of Ray Cassar. In this blog, we’ll discuss how our professionals can represent special needs clients in a court of law and how to better understand these cases in the future.
Understanding Disabilities & Impairments
According to the Centers for Disease Control and Prevention (CDC), autism affects every 1 in 36 children in the United States, and 1 in every 772 babies is born with Down syndrome. It’s important that the judge, jury, and legal representation understand the circumstances required for the special needs defendant to perform adequately in court.
Autism & Down Syndrome
Autism spectrum disorder (ASD) refers to a broad range of conditions characterized by challenges with social skills, repetitive behaviors, and nonverbal communication. Down syndrome is a genetic disorder caused when abnormal cell division results in extra genetic material from chromosome 21. Those born with Down syndrome experience developmental delays and intellectual disability.
A variety of factors could convince a jury that a defendant with autism or Down syndrome isn’t remorseful of their actions and is or isn’t guilty. The way in which a special needs defendant acts isn’t always a lack of remorse, it’s normal everyday behavior for them. For this reason, these potential interactions should be known by all involved in the courtroom. These include:
- Inappropriate expressions or behaviors
- Unusual ways of speaking
- Repetitive interest and obsessions
- Lack of outward empathy
- Absence of eye contact
Other Forms of Cognitive Impairment
When we use the term special needs, we aren’t just referring to those who have been diagnosed with autism or Down syndrome. We’re talking about anyone who suffers from cognitive impairment, including dementia, Alzheimer's, and other diseases or disorders that affect your ability to perform daily tasks.
How Special Needs Individuals Can React to Law Enforcement
Unfortunately, many police officers, prosecutors, and even some of Michigan's best criminal defense lawyers don’t understand what these impairments mean in a legal setting. Police officers are trained to respond to a crisis situation with a certain protocol, but this protocol might not be the best course of action for interacting with people with special needs.
In emergency situations, those with special needs could become overwhelmed by a police presence, not respond to “stop” or other commands and react with a “fight or flight” response. Additionally, they may:
- Avoid eye contact
- Engage in repetitive behavior
- Not respond to his/her name
- Exhibit curiosity and reach for objects/equipment
Interacting with Special Needs Individuals
It’s important to ensure that everyone gets fair and appropriate treatment while involved in the court system. When interacting with a special needs individual, being patient and giving the person space is crucial. Remember, your communication in the courtroom will need to be altered based on the needs of the defendant. You’ll want to speak in simple, direct sentences and give them ample time to process the question and respond accordingly.
Overall, at the Law Offices of Ray Cassar, it’s our job to ensure the special needs person understands the judicial system, the situation at hand, and the court process. To make sure this happens smoothly, enlisting an expert is helpful in guiding the process. This expert will address any triggering body language or tones and can help convey the proper wording to a question for quick understanding.
Defending Special Needs Clients in Michigan
As the leading team of criminal defense attorneys in Michigan, we have worked on special needs cases for years and are ready to provide the needed expertise to reach an ideal resolution. Those with disabilities have unique strengths and challenges, and the professional attorneys at the Law Offices of Ray Cassar have the comprehensive knowledge, compassion, and patience that are vital in representing special needs clients.
If you or a loved one has special needs and has been charged with a crime, we strongly encourage you to get in touch with our renowned criminal defense attorneys in Michigan. We’ll readily accept this responsibility and do everything we can to protect the rights of those with special needs.
Get Representation Today
Time is critical when facing any criminal charge, especially if you’re a special needs client. To protect your rights and build the best case possible, you need the right team to guide you through the legal hurdles. Don’t let the judicial system take your money, reputation, and freedom. Call the Law Offices of Ray Cassar at (248) 855-0911, and we’ll fight back for you!