Conditional Release From Department Of Mental Health Attorney in Kansas City, Missouri

Seeking Conditional Release From The Department Of Mental Health

When a criminal defendant is acquitted on the grounds of mental disease or mental defect excluding responsibility [NGRI], under the Missouri laws currently in place the defendant is to be immediately committed to the custody of the Department Of Mental Health. This period of commitment is indefinite - after having been committed to the Department of Mental Health, a defendant can only be released from the custody of the DMH by way of a court order authorizing either ‘conditional release’ or ‘unconditional release.’ Because of the requirement for an order of release, a defendant can end up remaining in the custody of the Department Of Mental Health for several months if not several years even after he no longer poses any danger to himself or others.

The process for obtaining a court order for release from the DMH nearly always involves a contested court hearing, with the prosecutor and the Department of Mental Health routinely opposing the request for release. During these court hearings, the prosecutor and the DMH will nearly always present the testimony of medical experts as part of their opposition to request for release, and a defendant seeking conditional or unconditional release will sometimes present the testimony of his or her own expert witnesses to support the requested release. Because of stakes involved, any person seeking an order of release from the Department Of Mental Health must be represented by an experienced attorney who is skilled in cross-examining physicians, psychiatrists and other health care providers. Tim Mudd is that attorney.

If you or someone you love is seeking an order of release from the Department Of Mental Health, call the Mudd Law Firm today for a confidential consultation regarding your matter.