|
|
Last Modified on Aug 06, 2025
As a parent of a child with autism, you may not know where to turn if your child is arrested and charged with a crime. It is only natural to feel this way. As a parent, you may be wondering what to do if your child with autism is arrested. At the Law Offices of Nellie L. King, we understand that this is a precarious situation and that you only want to protect your child. Our firm can do just that and answer all your questions.
Steps You Can Take If Your Child With Autism Is Arrested
Around 20% of individuals living with autism in the United States will be questioned by or interact with the police at some point in their lives. When your child is arrested, however, the situation becomes much more serious. If your child is arrested for a crime and has any degree of autism, ADHD, or another developmental delay, it is vital that you take certain steps to protect them from the criminal justice system. These include the following:
- Contact an attorney: The first and most important step you can take is to contact an autism defense attorney. You need to make sure the attorney you hire is knowledgeable and experienced in defending clients with behavioral health or mental disability diagnoses and other special needs. Hiring just any criminal defense lawyer likely won’t work, as not every defense lawyer will understand the nuances of ASD.
- Gather any related or necessary documents: To help the attorney create your child’s defense, it is important that you gather records and certain forms of documentation. It could be wise to create a binder in which to house all the documentation that your attorney has asked for. This can include schooling records, medical records, and any outside psychological evaluations that your child has received.
- Keep your child busy and healthy: A criminal case can often last for long stretches of time, so it is important to keep your child busy and healthy. It may be wise to have your child find employment, take classes, or volunteer with a local organization, as this can show the courts that your child is a productive member of society.
- Remove their internet access: Over the last several years, there has been a drastic increase in the number of individuals living with ASD who have been arrested for internet crimes, particularly those related to sex crimes. While your child is under investigation or is going through the court process after an arrest, it is important that you remove their internet access.
Common Charges Faced by Individuals With Autism
A child with autism can be accused of committing any kind of criminal offense. However, individuals with Autism Spectrum Disorder are more often accused of certain charges, like child pornography or other internet crimes. This can often be due to an autistic individual’s tendency toward isolation, often spending more time online than with peers in social situations. Sometimes, an individual with autism might not understand boundaries or social norms.
They may also not know that what they are partaking in is wrong, and this can be used in their defense.
How the Law Offices of Nellie L. King Can Help in ASD Defense Cases
For the last several decades, the Law Offices of Nellie L. King has been serving clients across the country with autism or who have a loved one who has ASD. We have made it our mission to better understand this diagnosis and how it has a major role in criminal court cases. Our firm understands that this is a difficult time for you and your family. We can use our experience and knowledge of autism defense laws to protect you or a loved one in a criminal case.
FAQs
How Much Does It Cost to Hire an Autism Defense Lawyer?
The cost to hire an autism defense lawyer can vary from case to case. However, certain factors affect many autism defense cases, which can impact the final cost analysis of your lawyer. These include:
- The duration of the case
- How complex the situation is
- The skill level and experience of your attorney
- The types of charges the defendant faces
What Are the Most Common Symptoms of Autism?
In the United States, around one in 31 children has been diagnosed with autism. No two cases of autism are the same. However, some symptoms are common across many cases. These include:
- Difficulty in expressing feelings and communicating
- Becoming easily overwhelmed in social situations
- Being extremely sensitive to physical stimuli
- Repeating behaviors
- Becoming obsessive
Can Autism Be Used as an Excuse in Court?
No, it is unlikely that a diagnosis of autism by itself can be a successful excuse in court. However, an ASD diagnosis could negate some element of the crime itself. Depending on the case and the charges involved, autism may be a viable way to mitigate charges or lower sentences. It may also keep your child out of prison; instead, they may receive certain forms of treatment. A skilled autism defense lawyer can fight hard to secure a more lenient sentencing in your child’s case.
Do Autistic People Get Any Benefits in Court?
In a United States courtroom, individuals with autism do have certain benefits, which are outlined by the Americans With Disabilities Act, or the ADA. This federal law states that all people with disabilities have the right to access public services equal to those of individuals without disabilities, including those available within a courtroom. Your attorney knows how to secure the benefits your autistic child needs throughout their court case.
Hire an Autism (ASD) Defense Lawyer Today
If your child with autism has been arrested, it is imperative that you hire an autism (ASD) defense lawyer as soon as possible. At the Law Offices of Nellie L. King, we know that this is a challenging and distressing time for all involved. We want to do whatever we can to support you and your child. Let us offer them the strong defense that they deserve. Contact our offices today for more information.
