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Len, Lawyer
Category: Criminal Law
Satisfied Customers: 444
Experience:  15 years practice in criminal and employment law.
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Can the judge dismiss the case / drop charges if the District Attorney refuses in texas

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Someone I know comitted a felony but that person is mental. Futhermore that person is incompetent to stand trial and has been incompetent for 4 years now. He was in the hospital to gain competency which did not work. He is no longer in the hospital but living with a supervised guardian that is responsible for taking him to a psycatrist and obtaining competency reports every quater. There has been over 20 reports of competency from different doctors all stating the same that he is incompetent to stand trial and that the nature of this case is so chronic that he will NEVER return to competency. The district attorney refuses to dismiss the case and the lawyer is court appointed so he might as well be just as incompetent. Is there anything else that can be done to dimiss the case or have the charges drop. Can the judge dimiss the case in the state of texas?
Please understand that this limited exchange of information does not create an attorney-client relationship. There is no substitute for consulting with a local attorney.

The judge is not going to dismiss the case on his own. The judge will wait for a motion to be filed. From what you have described, it would seem that the time has come for the court appointed attorney to do that. The DA won't do it out of some last hope that your father will reach competency.

You have two options; the first is to keep urging your father's attorney to file a motion, or you can hire an attorney on your own.

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Take Care,

Customer: replied 8 years ago.
But the judge DOES have power to dismiss the case in the state of Texas if a motion is filed?
<p>Yes, and he probably would if this has been dragging on for a long time. Of course, the level of felony is a huge factor, but at some point, the Court would dismiss if your father is not going to be competent.</p><p> </p><p> </p>
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