incompetant to stand trial

[Earthmother]

What is the name of your state? WV

What happens if someone is found incompetant to stand trial? What circumstances would cause a paychologist to declare someone incompitant?

 

[JETX]

What happens if someone is found incompetant to stand trial?

Depends on what the incompetence is.

What circumstances would cause a paychologist to declare someone incompitant?

I have no idea what a 'paychologist' is... so can't even guess what you are talking about.

 

[Earthmother]

Oh my. My finger must have slipped. "A" is right next to "S" on the keyboard. I was talking about competency issues. I must have meant "psychologist".....

 

[Earthmother]

another impossible to answer question.

The person in question has severe attention deficit disorder and anxiety attacks. They are being accused of something which I should think that in order for them to be found guilty, they would have to have had an understanding that what they were doing was a crime. This person was manipulated by his "father" to commit the crime of driving him to the store and making purchases of legal items which can be used to manufacture an illegal substance. This person has a court ordered PSYCOLOGICAL evaluation coming. He is not doing well at all, mentally, in jail. No one has the money to bail him out. Now, again, what might a judge do if this person is found to be unable to grasp what they did as being wrong? That is what incompetency is, as explained by a lawyer. Can the lawyer get this person moved to a different facility which would be more conducive to his mental health?

 

[JETX]

Oh my. My finger must have slipped. "A" is right next to "S" on the keyboard. I was talking about competency issues. I must have meant "psychologist".....

Okay... so how do you explain "incompitant"??

 

[CdwJava]

The person in question has severe attention deficit disorder and anxiety attacks.

Neither of which is likely to result in a finding that he is not competent to stand trial.

They are being accused of something which I should think that in order for them to be found guilty, they would have to have had an understanding that what they were doing was a crime.

Unless the person was a minor or is an "idiot" (as defined under the law by virtue of mental illness or physical defect), there is an assumption undert he law that we are capable of understanding the right and wrong of our actions. Proving that he was not capable of knowing his actions were wrong would be incumbent upon the defendant ... and would be an incredible long shot if possible at all.

This person was manipulated by his "father" to commit the crime of driving him to the store and making purchases of legal items which can be used to manufacture an illegal substance.

If it can be successfully argued that he did not know that the passenger was purchasing the items, then he might havea case. But, I'm gonna guess he had some idea or the state can show that he had an idea of what the passenger was up to.

This person has a court ordered PSYCOLOGICAL evaluation coming. He is not doing well at all, mentally, in jail.

Jail is not meant to be a fun place. And people "nut up" there all the time ... very often they do so before trial as they think it is a chance to get sympathy from the court or the prosecutor, or that they can make a mental illness defense.

Now, again, what might a judge do if this person is found to be unable to grasp what they did as being wrong?

That depends on what the options are under WV law for the offenses. He might be released if found incomepetent, or he might still go to trial with a sanity phase for the jury. Not being familiar with the WV process, it's hard to say.

Can the lawyer get this person moved to a different facility which would be more conducive to his mental health?

He can try. But unless the family is going to pay for a mental hospital, and the court is willing to allow that kind of a transfer, his housing is up to the county and the state pending the outcome of his trial.

- Carl