Working with Neurodivergent Defendants Requires Specialized Care

Defendants on the autism spectrum often enter the legal system at a profound disadvantage. Communication styles, sensory sensitivities, processing differences, and social interpretation challenges can affect everything from police interactions to courtroom presentation. Without informed support, these differences are frequently misunderstood.

I have had the opportunity to work extensively alongside Elizabeth Kelley and others who focus on autism and the legal system, and that work has reinforced a critical truth: neurodivergent defendants require a defense approach that is both informed and intentional.

Traditional investigative and mitigation methods must be adapted. Interviews may need different pacing and structure. Behavioral responses that appear “flat,” “evasive,” or “odd” may reflect neurological processing, not credibility. Sensory overload, stress, and unfamiliar environments can affect presentation in ways that are easily misinterpreted by courts and juries.

When the defense team understands autism, the case narrative becomes more accurate. Context can be developed that explains behavior without pathologizing it. Experts can be identified early. Communication strategies can be tailored. Families often need guidance as well, as they are key sources of history and support.

This work is not about excuses. It is about ensuring that neurological differences are properly understood so that legal decisions are based on facts, not misinterpretation.

Thoughtful, informed advocacy can make a meaningful difference in how neurodivergent individuals experience the justice system.