MOTION TO AUTHORIZE ADMINISTRATION OF MEDICATION

mukiialice64
Motions
March 30, 2023

XXX

XXX

XXX

Phone Number XXX

In Pro Per

IN THE HARDIN COUNTY COMMON PLEAS COURT

XXX

STATE OF OHIO )  
  )  
  )  
Plaintiff, )  
  )  
v. ) Case NO.: CRI XXX
  )  
XXX )  
  )  
  )  
  )  
Defendant. )  
  )  

MOTION TO AUTHORIZE ADMINISTRATION OF MEDICATION

PLEASE TAKE NOTICE that on __________________ at __________ or as soon thereafter as the matter may be heard in the Common Pleas Court of Ohio, for the County of Hardin, located at XXX. Defendant Evan Callert will, and hereby does, move for an order to authorize administration of medication.

The Defendant makes this motion because he is diagnosed with attention deficit hyperactivity disorder (“ADHD”), a neurological disorder requiring the Defendant to take medication in order to control the adverse effects and symptoms of the disorder. Due to probationary restrictions, the Defendant is unable to continue with administration of his much-needed medication and is therefore constrained to file this motion for an order authorizing administration of Adderall, a medication used to treat ADHD symptoms.

DATED:                                     Respectfully Submitted

BY:  XXX

XXX

                                                                                (PRO SE LITIGANT)

MEMORANDUM

  1. Background
  2. The Defendant has been a patient of XXX situated at XXX
  3. Sometimes in August of XXX, the Defendant was diagnosed with ADHD and Adderall (“medication”) was prescribed to mitigate the symptoms and various effects of the neurological condition. Beginning August X, 20XX, the Defendant received prescribed medication to manage the adverse effects of ADHD. (Exh. Nos. 1, 2 and 3).
  4. Since his sentence on September 10, 20XX, the Defendant has been subject to parole rules and guidelines. The Defendant is periodically required to perform a drug test, which test have indicated no drug or substance use to date.
  5. In light of the parole rules and guidelines, the Defendant is restricted from administering unauthorized medication, in this case, Adderall which is meant to manage ADHD symptoms.
  6. Due to the neurological disorder, the Defendant is unable to function as an ordinary member of the society and has control over the situation. He is prone to of short attention span, poor listening, forgetfulness, careless mistakes and losing thigs.
  7. On April X, 20XX, the Defendant visited Silver Pine Medical Group and met with his medical services provider, one Steven Thibault. On the very same day, a further prescription for medication was issued. (Exh. No. 4)
  1. Argument
  • Adderall is a medication used to mitigate the adverse effects of ADHD. It is not a medication that can be obtained over-the-counter, but instead requires that the patient be diagnosed with a neurological disorder such as ADHD. Such diagnosis can only be performed and declared by a medical practitioner.
  • In addition to the diagnosis, the medication may only be released to the patient upon presentation of a prescription by a medical practitioner. This well demonstrates that Adderall is strictly regulated.
  • It is public record that the Defendant has a history with ADHD. Furthermore, the records indicate prescriptions authorizing release of a specified dosage of Adderall to the Defendant. At no point has the Defendant been subject to allegations of unlawful procurement of Adderall, neither has the Defendant been the subject of abuse of the medication.
  • On his journey toward rehabilitation, the Defendant has found employment, and has committed his time and effort to performing his duties and responsibilities. However, with the ADHD and lack of medication to mitigate the symptoms, the Defendant is apprehensive that his work performance and work based relationships are declining rapidly.
  • In People v. Griffith, 657 N.Y.S.2d 823, 825 (3d Dept 1997) it was indicated that in determining the appropriate probationary sentence, the court should give due consideration to the crime charges, the particular circumstances of the defendant, and the purpose of the penal sanction. Id. The court has wide latitude to require a defendant to satisfy any other conditions of probation that are reasonably related to the defendant’s rehabilitation.
  • In this case, the Defendant has no criminal history related to the use or possession of narcotics or firearms, or any offenses for driving while intoxicated or ability impaired by drugs. The Defendant is a qualifying patient of ADHD, and has demonstrated a history of use of Adderall obtained by a valid prescription. Prohibiting the much-needed medication in this case would hardly serve any lawful and logical relation to the Defendant’s rehabilitation.

Wherefore, these and other premises considered, Plaintiff moves this Court for an order authorizing administration of medication (Adderall), as outlined above.

DATED:                                     Respectfully Submitted

BY:   /S/ XXX

XXX

                                                                                (PRO SE LITIGANT)

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