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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116772
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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For PaulMJD You have been very helpful in the past in dealing

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For PaulMJD

You have been very helpful in the past in dealing with my son's serious federal criminal case. He now has the most serious and bazaar situtation deal with for which we need your advice. A simple yes or no answer will do.

The situation is this. My son has been a mentally disabled person fo decades being diagnosed by several psychologists/physiciatris with with many mental illnesses notably paranoid delusions. You may or may not konw that with this problem a person can appear normal at time and even to some pro se work but several case law found such a person incompetent to stand trial. My son has filed some motions with help from me and some attorneys and has filed some very bazaar motions clearly showing paranoid delusions.

My son has had several public defenders who have with draw, some citing behavior that they can't deal with an others because we forced them to because of obvious lack of representation since he would not seek funds for a competency evaluation and request a competentency hearing despited the fact I paid for a prominent forensic psychologist to test him recently who found him incompetent to stand trial. The prosecutor finally filed for a competency evaluation and hearing and the judge granted it. The judge let the attorney withdraw because we filed suit against him causing a conflict - no other choice as he was headed for an imminet trial. When the judge let him withdraw he found my son to be competent to represent himself at the competency hearing ignoring all evidence he is not competent. He did that before he had the government's psychologist report and before the competency hearing. He has also given signals he is proceeding to trial meaning he has made up his mind he is competent even before the competency hearing and he will have to represent himself at the trial. SO THE QUESTION IS to insure we have a record for successful appeal to the 9th circuit if this all goes bad as it seems it will should he basically remain silent at the competency hearing and trial becaue he really doesn't know how to represent himself, other then reading some prepared statements I will write for him or should he try the best he can to defend himself.
Thank you for your question and for asking for me again,

The answer is simply he says nothing other than he wants an attorney and b law he is still entitled to one. The court cannot find him.competent without any expert medical findings of competency. This is also grounds for a emergency writ to the court of appeals to stop any trial of from taking place.
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