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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience:  J.D. degree, 15 years practice
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When is a defendant facing criminal charges ordered to undergo

Resolved Question:

When is a defendant facing criminal charges ordered to undergo a mental
evaluation, what are the circumstances when that is done, and if a person
was in a case where they were charged and given a court ordered
mental health program on probation for two years, would this make it so
the court would order a mental evaluation in any future incident that may
come up?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  dkennedy replied 5 years ago.

dkennedy :

Hello,

dkennedy :

After a mental evaluation is completed, the court will decide if a person is competent to stand trial. If not, the trial would be put off until the person (if ever) is competent to stand trial.

dkennedy :

Under certain circumstances, a mental evaluation is done to determine whether the alleged crime was committed while the person was temporarily insane, or whatever the state calls it.

dkennedy :

But, that does not mean that the court would order one every time a future incident would come up.

dkennedy :

It might happen if it was someone that was totally insane, like the person who shot Ronald Reagan, but otherwise, it doesn't happen that way.

Customer:

Could you answer if the person was in treatment and something came up, say they had

Customer:

less than the case you mentioned, say they were in treatment or seeing a psychiatrist, what

Customer:

could protect them from a court ordered evaluation if they were charged with say

Customer:

reckless driving, or disturbing the peace?

Customer:

The treatment would be obviously for something treatable as an outpatient.

Customer:

How does it happen? Thank you.

dkennedy :

I'm not sure I understand what you are asking. Have you been picked up for reckless driving and ordered to take a mental evaluation?

dkennedy :

If I knew more facts, I could discuss it more fully.

Customer:

Just a hypothetical: if a case had a defendant who had years before been found incompetent to

Customer:

stand trial and had court ordered evaluation for mental health and court ordered

Customer:

treatment, would that be a certain prerequesite for a mental evaluation if the

Customer:

person were charged with a crime in the future, a misdemeanor? I wanat

Customer:

want to know specifics since you said that would not automatically qualify them.

Customer:

There are cases on TV and this is a hypothetical case. I want to know if

Customer:

the person is in treatment too for say a personality disorder or anxiety, could they

Customer:

stay in treatment or would the court intervene, my question re: that is does that

Customer:

treatment serve them and act as a protection against court ordered

Customer:

treatment? I want to know.

Customer:

If that's not enough, then OK, but that is the question, hypothetical situation.

Customer:

I'll wait to hear more, if I don't will probably "accept answer" here. Thanks.

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