Parent/Guardian Resources
It can be incredibly scary for a family when their child or family member with Autism is charged with a crime. When this happens families are often overwhelmed and unsure what to do. Seeking out effective legal counsel is an important first step. Arguably this is the most crucial step in the legal process and obtaining a favorable outcome for your family member. Parents need to know what questions to ask of criminal defense attorneys. You need to do your research and ask questions. We have assembled some helpful information for you on this page so that you know where to start.
Criminal Attorneys Specializing in Autism
There are very few attorneys and agencies who specialize in criminal defense of individuals on the Autism Spectrum, nevertheless, we have assembled a short list of individuals and agencies below.
Interviewing Potential Attorneys
If you cannot find an expert in Autism and Criminal Law you may consider doing a search on your local state bar website or legal aid provider. With any attorney it is crucial to ask the right questions. Here are the top 5 questions to keep in mind when interviewing potential legal counsel for your loved one.
Attorney Client Privilege
Attorneys are bound by the rules of professional conduct in which they are barred. The rules are modeled after the Model Rules of Professional Conduct written by the American Bar Association. You can find those here. All rules of professional conduct include attorney client privilege. This means that If your loved one is an adult and is not under a guardianship that the attorney will not allow you to be present without the client’s consent. This is true even if you are the one paying for the legal services. Given that you are likely the expert on your child and can provide the best background information and supporting documentation it is important that you are as involved as possible.
A supported decision making agreement (SDMA) could be a useful tool in these situations. You can find more information about Supported Decision Making Agreements here.
Currently there are 14 states that have SDMA statutes:
Alaska Colorado Delaware District of Columbia
Illinois Indiana Louisiana Nevada
New Hampshire North Dakota Rhode Island Texas
Washington Wisconsin
An attorney can also provide legal counsel to your child that recommends your presence if he or she believes that it is in their best interest. Please note that if your child refuses to have you present or involved in their case an attorney must honor this request.
How to Prepare
Prepare a narrative of your child’s developmental history chronologically through the present. You need to help the attorney understand the pervasiveness and long-standing nature of any deficits. Gather school, medical, and related service records that can help bolster this history.
Find more information on disability rights and the Criminal Legal System here.