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8Sep/103

does some one know what you can do if you had hypoglycemia and commited a crime while sick ?



I was in my neighborhood grocery store in 20004 I was charged with 2 degree retail fraud. I was in the store for 4 hours. I was told this by a worker after the incident because I do not remember 99 percent of it because I believe I had a hypoglycemic attack with my sugar. It is like being in a black out. I remember some one yelling at me and I remember a cop asking me were my car was after I left the police station and I told him I did not remember were my van was. I forgot it was at the grocery store, so I had him drop me off at this church a mile away that was closed. I am disabled and had my wheelchair in the van back at the grocery store. I think I fell asleep or passed out for a couple of hours until a stranger noticed me and I called my sister who is a nurse to come get me. she found cake icing and candy in the car and gave it to me and I felt much better. Now back to the incident itself I was told a few days later by 2 of the girls that new me well at the store, that I left an electric car in the middle of the aisle full of groceries and then went and got another one and started shopping all over again I opened several cans of cat food an smelled them and put them back on the shelf I don't even own a cat. I stuffed my purse with too many things to mention. I left my cart again in an aisle with my purse and wondered around the parking lot outside. I came back into the store and got into my cart and looked around for a while and when I went to get in line the manager called me out of line and into the back of the store. An inventory of the goods was taken of which included 65 greeting cards. Later the police were called and you know the rest. I found a piece of paper in my pocket that said to call the county building in 4 to 6 weeks to see if they were going to press charges I called 6 times in 6 months and there was nothing. No court date or warrant. I have been stopped by the cops twice in the last 5 years and when they ran me No warrants ever appeared. Last week I was in New Baltimore and thought I would stop at the court house to see if by chance there was a warrant and at first they said NO. But then as I was getting into my car a security guy said to come back in. So here I am. I was given a 1000 dollar personal. And I go for my pre-trial Oct.5 I want to take this to jury court and fight this all the way, I have some medical documentation because I use to weigh 458lbs. in 2002 I lost 230lbs in a little over 2 years by myself but my doctor and or doctors never lowered my diabetes medications which made my sugar drop even more. I'm actually blessed to be alive. Can some one tell me if I have good case and if so what should I do?I don't want to take a plea because I feel I am innocent. I would think my behavior would speak for itself . Also unfortunately one of my witnesses was tortured and murdered in her home along with her husband and the other girl does not work there any more.does anyone have any ideas???? Any responses would be gratefully appreciated. Greatfully yours, Christine



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  1. The affirmative defense would be "Not Guilty by Reason of Mental Defect or disorder." There are two elements that you must prove to be acquitted on this basis. first, you must demonstrate that you were not able to distinguish between right and wrong at the time the incident occurred. Second, you must demonstrate that you were not in control of your actions. If what you state is true, then you qualify, but proving it is tough. About 98% of all cases using this defense fail. The burden of proof is on you and it’s very high. You would need expert witnesses to testify that it is a recognized disorder, and that you have it. I don’t know any precedents for this specific disorder, but I would suggest learning as much as you can about this defense used in cases of somnambulism. These are instances in which a person has committed a crime while sleep-walking and used this same defense. Some of these cases have been successful. I’ve provided a link below.

  2. Its possible that hypoglycemia would make you act irrationally, even comitting a crime. But you gotta prove it to the jury

  3. hypoglycemia gets progressively worse, in other words, in all my years in medical I have never seen someone go into a low blood sugar crisis, then recover WITHOUT treatment. If you were blacking out in the grocery store, I’m not so sure that you would have recovered to be able to remember things at the police station, getting a ride, calling your sister etc. Were you still in the store when the police arrived?

    Get a note from your doctor explaining and diagnosing your condition. Bring a list of the medications you take to control your diabetes. If you aren’t diagnosed, or don’t take meds for it, chances are slim to none that you will be able to use it successfully as a defense.

    If your condition is so unstable taht you can deteriorate that quickly, then prepare to lose your license, some judges will report your condition to the DMV.

    Take your letter from the Doctor, and the medication list with yoru diabetes meds highlighted. Print out a list of symptoms that will support your argument, and give it yoru best shot.


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