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phobia and the law

Question:

<snipped for space… As for going to college, I had terrible problems in college because I kept bolting from class if they shut the door, or called on me to answer a question. Needless to say, I flunked out in the 70’s. For the past few years I have taken classes independent study-I am currently a senior honors student, and will graduate soon. …

Hi, SS.  Just wanted to say congratulations and good luck.  Reading what you wrote felt good.  I wish you all the success in the world when you finish your studies. Anita

Response:

Hi Tony, I have heard of taped depositions sufficing as court testimony before. Perhaps you should ask your doctor if there is anything s/he can do.  I would think that if you could get a note from the doctor explaining that a court appearance could be detrimental to your recovery, something could be done.   I had to testify in court when I was sixteen, against a bunch of guys who went to my school.  I was terrified that they would seek revenge. The judge had to keep asking me to please speak up.  The worst part of the whole day was waiting for hours before actually testifying.  Maybe you should talk to your doctor about trying a fast acting benzo like Xanax, or even a beta-blocker to help your nerves before the trial. Also there might be some way of avoiding sitting in the court house for hours waiting to testify.  That certainly didn’t help my nerves. I hope that helps. Karena

Response:

– Hide quoted text — Show quoted text -Hello everyone, I am new to this newsgroup.  This is one of many worries that I have.  I have a friend that got into trouble with the law and now the DA wants me to get up on the stand and testify against one of my friends friend.  This is my problem….I CAN’T.  I have a major phobia about giving oral reports or talking to large crowds.  I feel so alone because all everyone does is babies it.  They think that I’m like everyone else…that I would be nervous…but its more than nerves.  I have been diagnosed with mild agorophobia and panic disorder.  Currently, I am not on any medication or seeing any therapist (I can’t afford it).  I am incompetent to testify (I don’t care what anyone says), so how do I get the law to recognize that I can’t testify.  My testimony would be very stupid anyway…I don’t remember a conversation that took place 3 years ago!!!!  Besides, another person that was there is going to testify about the conversation as well.  What can I do about — not having to testify? It would be better if I could do it via tape or something, but that is major work itself.  What can I do?  Right now I’m not taking any college courses or working because I can’t do oral reports and I can’t muster the courage to go to a job interview.  I’m only 23 and I want to get over this.  HELP ME!!!

 Hi Tony-  Fear of speaking in public is universal.  However, fear of speaking  in public when you suffer from panic disorder is something entirely  different- it is a far more RATIONAL fear.  I don’t know the legal requirements for avoiding or modifying  testifying, and I suspect that it varies from state to state.  If  you can afford it, hire an attorney who might speak to the prosecution  and explain that your panic disorder could taint your testimony  and potentially give the accused grounds for a retrial. (Try Legal  Aid if this is too expensive for you.)  Unfortunately, this may  require at the very least obtaining your old medical records, and  it may necessitate an exam by an MD.  In your state, you might need to see 1-2 psychiatrists to testify  (in writing) that you are incompetent to give oral testimony  (expensive and time-consuming).  BUT… right now you’re not doing things that you want to do, I think  (school, work) because of your panic disorder.  Ain’t no reason why your life should be a shambles just because  your septo-hippocampus doesn’t respond to GABA as vibrantly as  some other folks.  Time to get some 1997-level medication and  (possibly) therapy, even if you need to rely on public assistance  initially.  But with drugs like Xanax available and beta blockers (to block many  of the unpleasant things that now happen when you speak in public),  there’s no reason why you shouldn’t be able to happily return to school  or work.  You may never enjoy speaking in public (few folks, even those who  do it for a living, really enjoy it), but you’ll surely feel great  the first time you explain a homework problem to the class without  the anxiety and other symptoms that have plagued you in the past.  Get together with a physician who understands that you’re simply  suffering from a neuro-biological problem that today is almost  always curable.  The testimony in court is just one symptom of  how constricted your life is now… time to expand it again.  And good luck.  -Dawn   mcgatney at mindspring dot com

Response:

I<<s there is going to testify about the conversation as well.  What can I do about — not having to testify? It would be better if I could do it via tape or something, but that is major work itself.  What can I do?  Right now I’m not taking any college courses or working because I can’t do oral reports and I can’t muster the courage to go to a job interview.  I’m only 23 and I want to get over this.  HELP ME!!! Well I’m not sure what the laws are in your state and county, but you might contact the DA or PA’s office and ask about a deposition, which is telling your stuff and they put it on paper to take to court.  If you’ve been served, check the served papers and call the lawyer and explain the circumstances. Then seek some help from a panic disorder specialist…..you should be able to get some significant help from them. KC Cindy….always seeking truth and light

Response:

Hi, Tony….. I can’t offer any suggestion on your dilemma….from a legal standpoint, anyway….but I just wanted to let you know that your feelings are not yours alone…I would be equally frightened about what you are facing.  I know that you must feel very alarmed at the prospect of testifying……For what it’s worth, please know that my thoughts are with you……I wish you the best…..keep us posted, please….. I hope that someone on the ng can be more helpful as far as the legal issue is concerned….this is a question I have wondered about before…….I was called for jury duty once…and my shrink wrote a letter to the judge asking that I be dismissed for medical reasons……but I don’t know what would happen in a case of testimony…. Take care…….MikeH – Hide quoted text — Show quoted text – Hello everyone, I am new to this newsgroup.  This is one of many worries that I have.  I have a friend that got into trouble with the law and now the DA wants me to get up on the stand and testify against one of my friends friend.  This is my problem….I CAN’T.  I have a major phobia about giving oral reports or talking to large crowds.  I feel so alone because all everyone does is babies it.  They think that I’m like everyone else…that I would be nervous…but its more than nerves.  I have been diagnosed with mild agorophobia and panic disorder.  Currently, I am not on any medication or seeing any therapist (I can’t afford it).  I am incompetent to testify (I don’t care what anyone says), so how do I get the law to recognize that I can’t testify.  My testimony would be very stupid anyway…I don’t remember a conversation that took place 3 years ago!!!!  Besides, another person that was there is going to testify about the conversation as well.  What can I do about — not having to testify? It would be better if I could do it via tape or something, but that is major work itself.  What can I do?  Right now I’m not taking any college courses or working because I can’t do oral reports and I can’t muster the courage to go to a job interview.  I’m only 23 and I want to get over this.  HELP ME!!!

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