my fiance saw the doctor(psychologist) finally on april 9. his lawyer has to put in a plea on friday the 11. his lawyer told us that butchie is charged with first degree murder and can't change his plea. but then he told butchie that if the doctor finds something wrong with his mind he can change his plea from guilty to something else. is that true? can he go from a guilty plea to a not guilty by reason of mental illness?

Haven

Sorry I have no idea and no answer. Maybe you should post this in the Legal Help forum too.

Anyway, I wish you good luck and send you and your fiancé all my best wishes

Phil

i dont know either, but i do know if and when he says hes guilty and they sentence him he cant go back no matter what, unless he makes a appeal and that usually will take a couple years, but hey, if hes sentenced with 25 to life then he has all the time in the world to get a good appeal goin if his papers come back with someone wrong in the brain and mind and its can use it good for him to the courts. good luck ktc

ooh btw, he can always plea gulity by insanity.

*****not someone i meant SOMETHING wrong in the brain or mind. ktc

If the doctor finds that he's got a mental illness, then they could change the plea to not guilty by reason of mental defect or insanity, but this is a very, very hard plea to win on. The legal definition of insanity is such a fine line that almost nobody wins on that, and even if they do, they still have to serve time. They just do it in a mental hospital type of prison setting.