Texas Autism Spectrum Disorder (ASD) Criminal Defense Lawyer

Texas Autism Spectrum Disorder (ASD) Criminal Defense Attorney

Individuals who deal with ASD are often misunderstood by the criminal justice system. This can lead to these individuals facing unfair penalties and additional social challenges. Whether you deal with ASD or you have a child who does, a Texas autism spectrum disorder (ASD) criminal defense lawyer is here to empathetically represent you and protect your rights.

Criminal charges are never something that should be taken lightly, especially when the defendant deals with some form of autism spectrum disorder. Just because someone has been diagnosed with autism does not predispose them to criminal behavior. It only furthers the need for a strong, aggressive defense that goes the extra mile in understanding autism and its impact on charges.

​The Law Offices of Nellie L. King: Your ASD Criminal Defense Lawyers

At the Law Offices of Nellie L. King, we understand the vulnerabilities that individuals dealing with ASD often suffer from when going through the criminal justice system. For decades, lead attorney Nellie L. King has worked solely in criminal law.

We are passionate about defending clients in both state and federal courts across the country. If you or someone you love deals with ASD, we know how to craft a defense that mitigates or eliminates certain charges.

Our attorneys use their experience and knowledge of ASD in order to work with families as well as mental health professionals. This helps us develop defense strategies that can accurately represent a charged person’s intentions and challenges.

We know this is a scary time for you and your loved ones alike. Our firm can do everything in our power to come alongside you and ensure your rights are protected.

Legal Challenges Common for Individuals with ASD

Individuals with ASD tend to encounter unique struggles when dealing with legal issues. Legal proceedings often introduce sensory overload that can lead an ASD individual to shut down or act out.

It can also be more difficult for these individuals to understand their rights and how plea agreements work. For these reasons, having an attorney who understands autism spectrum disorder is essential.

An individual with autism might demonstrate behaviors of repetitive movements or a monotone and blunt conversational tone. Sometimes, police officers, judges, or prosecutors may interpret these behaviors as aggressive, defiant, or suspicious.

At the Law Offices of Nellie L. King, we strive to devise a defense that demonstrates the fact that your behavior stems from neurodivergence rather than malice or guilt. When your condition is misunderstood, you can face unfair consequences. The attorneys at the Law Offices of Nellie L. King are here to protect you from those assumptions and biases.

A criminal defense attorney experienced in serving clients with ASD can evaluate how your diagnosis impacted the alleged incident. We work to create a customized defense strategy that addresses how your condition affects you rather than the standard defense strategies. We can work alongside psychiatrists, psychologists, and developmental practitioners to demonstrate how ASD has influenced your behavior.

ASD and Child Pornography Charges

One of the most common charges an individual diagnosed with ASD can face is certain sex-related offenses, like child pornography. Whether you have been accused of child pornography distribution or possession, this is often charged as a federal felony. These charges can have severe repercussions, such as prison time and mandatory registration as a sex offender.

Every case of autism spectrum disorder is different, and each individual goes through a wide range of experiences. This can add to why an individual with autism might be more likely to commit sex-related crimes. Other reasons can include:

• The alleged offender might not have a full understanding that their actions were legally or morally wrong
• Many adults who deal with ASD have a higher form of logical intelligence, but a lower level of social and emotional intelligence.
• Individuals with ASD may not have undergone sexual education or health education that their peers likely experienced.
• Individuals with ASD may become more compulsively or obsessively drawn to things found only online.
• Adults with ASD tend to be more socially isolated compared to their peers
• An adult dealing with ASD has sexual and physical needs that are expected of their age, paired with childlike maturity levels or emotions

These factors need to be understood by your criminal defense attorney. At the Law Offices of Nellie L. King, we can review your situation and approach your defense with the compassion it deserves.

What to Do If Your Child Is Arrested and Deals with ASD

According to one study, nearly 20% of individuals who deal with autism in the United States will face police questioning or interact with the police at some point during their lives. If your child is autistic and arrested, it is important that you speak with an ASD criminal defense lawyer right away.

Your attorney can help you take the following steps to protect your child and their rights:

• Gather necessary documents: To assist your attorney in building a defense, it is essential to gather certain forms of documentation. This can include your child’s schooling records, medical records, and any psychological evaluations your child might have undergone.
• Remove your child’s internet access: Some of the most common forms of criminal charges given to people diagnosed with ASD are internet crimes. This is particularly true in relation to sex-related internet crimes. During an investigation and following your child’s arrest, it’s important that you remove your child’s internet access. This can prevent them from further incrimination.
• Keep your child busy: Criminal cases can last for a long time, so it is crucial that you keep your child healthy and busy. It might be helpful for your child to volunteer their time, take higher education classes, or find certain forms of employment. This can demonstrate to the courts that your child is a functioning and productive member of society.
• Review the arrest: It is important to go over the details of the arrest to verify what happened and how the defendant was treated. If their rights were violated during the arrest, this is an important factor that should be considered in the defense strategy.
• Negotiate for alternative sentencing: Jail time can be especially traumatizing for individuals with ASD. An attorney can attempt to negotiate for a more constructive sentence that includes mental health treatment. In some cases, the individual might be placed in a treatment facility instead of jail.

FAQs

Can Individuals With ASD Seek Certain Accommodations in Court?

In certain cases, individuals with ASD can seek certain accommodations in court. This could involve simplifying legal language so that the defendant can better understand the proceedings, as well as offering breaks to help avoid sensory overload. These accommodations can help the defendant better engage in the court hearing. Speak to your attorney for help requesting accommodations.

What Are the Chances My ASD Loved One Will Commit a Crime?

The chances your ASD loved one will commit a crime depend on the individual themselves. Just because someone has been diagnosed with autism does not mean that they will be predisposed to commit crimes. In fact, 44% of individuals who deal with autism are actually the victims of crime at some point in their lives rather than the perpetrators.

Why Do I Need to Hire an ASD Lawyer?

You need to hire an ASD lawyer for many different reasons. First and foremost, your attorney can protect your rights. People who struggle with autism might find it more difficult to understand their rights and advocate for themselves. Your attorney can also investigate the alleged criminal act and uncover evidence that can support your defense.

What Behaviors Can ASD Affect?

The behaviors ASD can affect are usually emotional or social in nature, including:

• Abnormal communication patterns
• Repetitive behaviors
• Issues with social interaction
• Slowed or delayed speech
• A lack of verbal communication
• General inability to communicate.
• Borderline obsessive behaviors.

These behaviors alone are not criminal in nature. However, they might lead law enforcement or prosecutors to believe individuals with ASD are more guilty than they actually are.

Can My ASD Diagnosis Be Used as a Viable Defense Strategy?

In Texas, an ASD diagnosis cannot be used as a viable defense strategy on its own. However, your attorney can review how your diagnosis is relevant to your defense. In order to prove you are guilty, the prosecution will need to demonstrate that you had criminal intent to commit the crime. For individuals with ASD, this could be used as proof that you lacked actual intent when the criminal act took place.

Hire an Autism Spectrum Disorder Criminal Defense Lawyer Serving Texas Today

If you or someone you love struggles with ASD and has been arrested for a crime, the team at the Law Offices of Nellie L. King is here to serve you. At this time, you don’t want just any defense lawyer. You want to hire an autism spectrum disorder criminal defense lawyer who can work to ensure fair treatment. Contact our offices today to secure your future and rights.