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.