Mental health can be a critical factor in a criminal defense case, but identifying and documenting it requires a careful, methodical approach from the very beginning.
In Part 2 of our White Collar Criminal Defense Watch series, Co-Chair Robert C. Scrivo and Partner Stacey E. Zyriek Enriquez discuss the essential first steps defense counsel should take when a client may have been experiencing symptoms of mental illness at the time of an alleged offense. Rather than making assumptions, experienced criminal defense attorneys begin by gathering facts, conducting thorough client interviews, speaking with family members and other individuals who know the client, preserving emails and text messages, obtaining relevant medical records, and determining whether a comprehensive psychiatric evaluation is appropriate.
The discussion highlights why early investigation is so important, how documentary evidence can help establish a client’s mental state, and why collaboration with qualified mental health professionals may be necessary when evaluating a potential insanity defense or other mental health-related legal issues.
Whether you are an attorney, business executive, compliance professional, or someone interested in the criminal justice system, this episode provides valuable insight into how experienced defense counsel approach cases involving complex mental health considerations.
In this video, you’ll learn:
- Why a thorough client intake is the foundation of an effective defense strategy.
- The importance of interviewing family members and other key witnesses early.
- How emails, text messages, and medical records can help document a client’s mental state.
- Why defense attorneys rely on qualified mental health professionals rather than making medical conclusions.
- The role early fact-gathering plays in evaluating a potential insanity defense.
Stay tuned for Part 3, where we’ll dive into key considerations when retaining an expert.