Lack of competency questions (California)

[SueDeBari]

-State of California-
My son was attacked and was near death, had to get 2 brain surgeries, and was on intensive care for 3 weeks.
In his recovery, 2 months after he was out of the hospital, he began selling downloaded software on craigslist.com. He sold it 4 times 3 of which were sold to undercover police.
Since we have been to court at least 7 times something about his competency came up at about court date 4 and he was sent to 2 physicians to be evaluated. They both found that he lacks the competency to stand trial and due to his surgery he most likely will not recover.
What will happen now?
Will all of his possessions get released when they were taken for evidence?
Is there a way to ensure this?
What can the DA do?
Today I was told that they will not be giving back his $6,000 that was taken from his home (This was $2,500 in SSI payment and I have a legit list of personal possessions that were sold in order for him to get this money)

I almost lost my second son and I just want this to be over with.
Any advice?

Thanks!What is the name of your state (only U.S. law)?

[CdwJava]

All because they have found him incompetent to stand trial for the charges does not mean he can profit from criminal activity. It will also not be a license to continue committing crimes. If not charged for future crimes, he could be placed under a conservatorship of some kind depending on the nature of his disability.

Hopefully you are seeking some kind of alternatives to assist him in some way so that he can avoid incarceration in the future.

[SueDeBari]

He has no plans to profit in the future from criminal activity, he now seems to understand right from wrong.
I actually told him that I had a friend who would give him money to install software on her computer and he said "No, thats against the law"

I feel that him being placed under a conservatorship would be unjust because perhaps the reason why he committed this crime was because he was attacked and was recovering from 2 life saving brain surgeries. When recovering, 2 months after his last surgery, he made $400 in profit and is now facing 3 felonies because of it.

As soon as this case is completely over I have found a place in SF which is a clinical neuropsychology unit in which he will continue his rehabilitation from his attack.

[CdwJava]

He has no plans to profit in the future from criminal activity, he now seems to understand right from wrong.
I actually told him that I had a friend who would give him money to install software on her computer and he said "No, thats against the law"

I feel that him being placed under a conservatorship would be unjust because perhaps the reason why he committed this crime was because he was attacked and was recovering from 2 life saving brain surgeries. When recovering, 2 months after his last surgery, he made $400 in profit and is now facing 3 felonies because of it.

As soon as this case is completely over I have found a place in SF which is a clinical neuropsychology unit in which he will continue his rehabilitation from his attack.

That's a good thing.

But, keep in mind that if he s unable to manage his affairs, a conservatorship of some kind might be appropriate. Obviously, I have no idea what his condition is, but I have seen a great number of people victimized, used and abused due to mental incapacitation. If they have money or a place to live, it is far more likely, but people that are susceptible to suggestion can be manipulated into all sorts of things.

Good luck to both of you.