Nashville Autism Spectrum Disorder Lawyer

Autism Spectrum Disorder Attorney in Nashville, CA

When a loved one who has Autism Spectrum Disorder (ASD) faces criminal charges, your family needs more than a general defense attorney. Individuals with ASD often process information, navigate social cues, and interact with law enforcement and the court system in ways that are easily misunderstood, and the outcomes can be unfair. Our team can help you understand the nuances of autism spectrum disorder and the criminal justice system to better navigate these hurdles. If you’re in this situation, you need a skilled Nashville autism spectrum disorder lawyer.

The Unique Challenges of ASD in the Criminal Justice System

The complexities of ASD can present significant challenges when interacting with police, prosecutors, and judges. A standard criminal defense approach is simply not enough. Elizabeth Kelley has a deep understanding of ASD that allows for addressing vulnerabilities that could jeopardize a client’s case, such as:

• Misinterpretation of behaviors. Behaviors associated with ASD, such as difficulty maintaining eye contact, flat affect, stimming, or delayed verbal responses, can be misinterpreted by police officers or the courts as deception, disrespect, or evidence of guilt.
• Miranda rights and police interrogation. Individuals with ASD may struggle to fully comprehend the abstract language and implications of Miranda rights. They can be highly susceptible to suggestion or coercive interrogation tactics, which could lead to false or coerced confessions to simply end the overwhelming social pressure of an interview.
• Courtroom accommodations. The structured, high-sensory environment of a courtroom can be intensely stressful. We advocate for necessary courtroom accommodations to ensure the defendants can participate meaningfully in their own defense without their disability being unfairly judged by a jury or a judge.

Defense Strategies for Clients With ASD in Nashville, CA

With the ever-increasing understanding of ASD, the rates of diagnosis have doubled in the past ten years, with 3% of Tennessee children being diagnosed with the disorder. It is also a sad reality that people with mental disability are more likely to be crime victims than criminals, which is a factor that must be considered in any defense strategy. Elizabeth Kelley’s defense strategy is rooted in a comprehensive approach that integrates clinical understanding with aggressive legal advocacy. It is not just about defending a charge but defending the person and focusing on the neurological factors that may have contributed to the alleged defense.

• Testimony from experts. The firm works with forensic psychologists and neurodevelopmental experts to explain the ASD diagnosis to the Davidson County Criminal Court and provide context for our client’s actions.
• Challenging criminal intent. The prosecution’s ability to prove malicious criminal intent can be rigorously challenged.
• Therapeutic outcomes. The firm can relentlessly pursue alternatives to incarceration, such as mental health diversion programs and specialized treatment courts to address the root cause and support long-term community integration. For many people with mental disabilities, therapeutic intervention is much more suitable than incarceration.

Trusted Advocacy in Nashville, CA Criminal Defense

If you or a family member on the autism spectrum is facing criminal charges, whether it involves accusations of trespassing, misunderstanding consent, or other offenses, you need an attorney who is both an accomplished defense lawyer and a compassionate advocate.

Elizabeth Kelley is committed to serving the Nashville community with dedicated and informed representation while protecting your rights and ensuring your disability is given proper weight under the law, while mitigating the lifelong consequences that a criminal record can inflict. We also emphasize the importance of autism training for police officers to prevent the escalation of peaceful encounters into criminal matters.

You and your family shouldn’t have to navigate the complex legal system alone. When you or your loved one’s future is on the line, you need to hire an autism spectrum disorder lawyer who truly understands the intersection of ASD and Tennessee criminal law.

About Elizabeth Kelley

Elizabeth Kelley, Attorney at Law, is a criminal defense lawyer who focuses on representing individuals with mental disabilities, including autism spectrum disorder, dementia, and brain injury. She is a recognized authority in the field, having edited several books published by the American Bar Association (ABA) that focus on supporting clients with mental disabilities.

FAQs

Can an Autistic Person Be Charged With a Crime in Tennessee?

Yes, an autistic person can be charged with a crime in Tennessee, as a diagnosis of ASD does not automatically prevent a person from facing criminal charges. But Tennessee’s justice system does allow for the consideration of mental health and developmental disabilities. Your attorney can introduce evidence that the person’s mental disability causes them to lack the capacity to have criminal intent, which could be used to mitigate the charge or sentencing.

Can Autism Be Used as a Full Criminal Defense in Tennessee?

No, ASD can’t typically be used as a full criminal defense in the state to automatically dismiss charges. Like other mental disabilities, ASD may only serve as a full defense if it meets the state’s strict standard for legal insanity, which means the defendant was unable to understand the nature or wrongfulness of their actions at the time of the offense.

Do the Police and Court System Understand the Person’s ASD?

Unfortunately, not always. Misunderstanding the behaviors associated with ASD can be a hurdle that a lawyer can help you overcome. Your Nashville autism disorder spectrum attorney can educate the police, prosecutor, and court about the specific ways the defendant’s ASD affects their social interaction, communication, and understanding, while advocating for appropriate accommodations and fairness in the legal process.

How Can a Nashville Lawyer Use the ASD Diagnosis in Court?

A lawyer can use an ASD diagnosis to provide context for a client’s behavior or testimony and advocate for reasonable accommodations within the courtroom. It may be used to argue for diminished capacity or a lack of criminal intent when social or communication difficulties affected the person’s understanding or actions. When the court understands the person’s ASD diagnosis, it can help mitigate misinterpretations or behaviors that could be otherwise perceived as guilt by the court.

Can the Police Interview or Confession Be Thrown Out Because of the Defendant’s ASD in Nashville?

Possibly. The lawyer can file a motion to suppress a confession or statements if they can prove the statements were not voluntary or intelligent due to the defendant’s mental disability. For someone with ASD, a typical interrogation can easily confuse them or lead to a false confession. The defense could argue that the defendant lacked the ability to fully understand their Miranda rights or the consequences of waiving them.

Hire an Autism Spectrum Disorder Lawyer in Nashville

Elizabeth Kelley’s legal career was built on the foundation of advocating for people with ASD and other intellectual disabilities. If you or a loved one with ASD is facing criminal charges, you need an attorney who can leverage their knowledge of the disorder to build a strong legal defense. Contact Elizabeth Kelley, Attorney at Law, now to schedule a consultation.