People vs. J.J.

- The Defendant was charged with several counts of solicitation of a minor and indecent exposure, for allegedly performing a sexual act in public view. However, prior to retaining Salvatore C. Miglore, he plead guilty to several acts and was on probation. Thereafter, he was charged while on probation for another act. As a result, he faced probation violations and additional criminal penalties for the new charges. After the first interview, Salvatore C. Miglore determined that this person suffered from severe psychiatric problems and could not communicate effectively with his lawyer or understand the nature of the court proceedings. Accordingly, Salvatore C. Miglore filed a petition to declare this person unfit to stand trial; and, then a psychological examination was conducted; and, at a court hearing, the Defendant was declared unfit to stand trial and remanded to the Department of Human Services, as required by law, for the appropriate treatment to make him fit (the State must prove fitness, and they have the obligation to make him fit). If he cannot be found fit within one year, the Defendant must be released, or he cannot be held in a treatment facility for longer than the maximum sentence allowed by law. At this time, the Defendant was released with a treatment plan for schizophrenia, Tourettes Syndrome and anxiety, without a criminal conviction.