Competency hearing

[lbb87]

What is the name of your state? Virginia

What happens to a person if they're found incompetent to stand trial? I'm asking for my father who is mentally ill. His lawyer thinks he understands what he's being charged with (violation of a court order) but that my father doesn't understand why. That he doesn't understand what it is that he did wrong and that he doesn't completely understand the laws dealing with the entire issue. I agree with that myself and I'm glad the lawyer wants to do the competency hearing.

However, the lawyer failed to explain what would happen to my father if he is found incompetent to stand trial. I will most definitely ask the lawyer but he's out of town this week so it will have to wait. I was wondering if anyone had any ideas as to what could happen?

[Ohiogal]

Originally Posted by lbb87

What is the name of your state? Virginia

What happens to a person if they're found incompetent to stand trial? I'm asking for my father who is mentally ill. His lawyer thinks he understands what he's being charged with (violation of a court order) but that my father doesn't understand why. That he doesn't understand what it is that he did wrong and that he doesn't completely understand the laws dealing with the entire issue. I agree with that myself and I'm glad the lawyer wants to do the competency hearing.

However, the lawyer failed to explain what would happen to my father if he is found incompetent to stand trial. I will most definitely ask the lawyer but he's out of town this week so it will have to wait. I was wondering if anyone had any ideas as to what could happen?

He will probably be put into treatment at a facility to become competent.

[lbb87]

What would happen to any other legal cases he has? For example, if he has a court date on say April 26 for a different case and on April 10 he is put into a facility, what would happen to his April 26 court date? Would it be changed to a later date?

I'm starting to wonder if this lawyer made the right decision here. There are two separate yet combined cases here. One is a zoning issue and the other is a criminal issue for violating a court order related to the zoning issue. My father has to have his property cleaned by the next time he goes to court or he has to pay a huge fine. But if he gets put into a treatment facility before the court date, he can't clean up his property.

So how would that work? Would he get extended time to clean his property?

[CdwJava]

He might have to contract with someone to clean it up ... or ask his family to do it.

The court MIGHT grant him a brief extension, but the fact he is in a facility is not going to absolve him from his responsibility. Depending on the laws in your state, the local government COULD start abatement proceedings against the property forcing its sale and subsequent cleanup.

- Carl