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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91921
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I want to find out if someone who got criminal charges and

Resolved Question:

I want to find out if someone who got criminal charges and had in that case
a court ordered mental evaluation and was found to be incompetent to stand
trial then the competency was restored as an outpatient, then they were
diagnosed with Cognitive Disorder NOS which is a mental condition, then they
got a plea bargain and two years of mental health treatment and probation
as part of a plea bargain where they pled guilty to a misdemeanor, then
three years later they got the case expunged or vacated because it was
possible three years after the probation, then after that they somehow got into
trouble again, just a misdemeanor, no violence or alcohol or lewd conduct, say
it was reckless driving, or similar, would their history trigger a mental health
evaluation ordered by the court in the new case most likely, or would they
have the same chance as someone without that history in avoiding a court
ordered mental health evaluation? IF an outpatient condition is found, are
people generally able to get that type of treatment rather than being
committed to the state hospital for criminals in a case/cases like this?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 years ago.
This would not trigger another mental health evaluation unless their mental health was raised by the defendant or the charges are related to the mental condition of the defendant.


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Customer: replied 3 years ago.

Could you give me a short example of what you mean? What do you mean by if

the charges are related to the mental condition of the defendant - what is an

example of that? IF they are evaluated by the court, is the option open for

outpatient mental health treatment if that is all that is needed vs. in the state

hospital?

Expert:  Law Educator, Esq. replied 3 years ago.
If the person is accused of some type of assault or some type of crime where their behavior or mental stability is in question. For speeding or DUI it is not likely any mental exam would be ordered. If they are examined, it all depends on the seriousness of the crime they are accused of as to whether or not it will be outpatient or the state hospital. The more serious the charge the better chance that it will be in patient.
Customer: replied 3 years ago.

So the person with Cognitive Disorder NOS, would if they had that and continued

to have it, that would not automatically trigger a court ordered mental evaluation

by the state in some circumstances? Would that person have an equal chance

as someone who had not had a mental diagnosis before for avoiding the

mental evaluation, after their expungement?

Expert:  Law Educator, Esq. replied 3 years ago.
No it only triggers evaluation, again, if the defendant raises that as a defense to a crime. Yes,the person would have an equal chance under the law.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 91921
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Law Educator, Esq.
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Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience