Criminal Law Questions? Ask a Criminal Lawyer.
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.
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.
But, that does not mean that the court would order one every time a future incident would come up.
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.
Could you answer if the person was in treatment and something came up, say they had
less than the case you mentioned, say they were in treatment or seeing a psychiatrist, what
could protect them from a court ordered evaluation if they were charged with say
reckless driving, or disturbing the peace?
The treatment would be obviously for something treatable as an outpatient.
How does it happen? Thank you.
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?
If I knew more facts, I could discuss it more fully.
Just a hypothetical: if a case had a defendant who had years before been found incompetent to
stand trial and had court ordered evaluation for mental health and court ordered
treatment, would that be a certain prerequesite for a mental evaluation if the
person were charged with a crime in the future, a misdemeanor? I wanat
want to know specifics since you said that would not automatically qualify them.
There are cases on TV and this is a hypothetical case. I want to know if
the person is in treatment too for say a personality disorder or anxiety, could they
stay in treatment or would the court intervene, my question re: that is does that
treatment serve them and act as a protection against court ordered
treatment? I want to know.
If that's not enough, then OK, but that is the question, hypothetical situation.
I'll wait to hear more, if I don't will probably "accept answer" here. Thanks.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).