Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

What is a competency hearing in a federal court or criminal

court? Also is this close...
What is a competency hearing in a federal court or criminal court? Also is this close to trial or is this something else?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
3/26/2017
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience: Attorney at Law Offices of Khaled Issa
Verified

Good morning:

My name is ***** ***** I would be happy to provide general information regarding your question. As a reminder, all information provided here is general in nature and does not constitute advice.

Under federal law, a competency hearing is a hearing held in order to determine whether or not the charged individual (the defendant) is fit to stand trial. The Court, after the hearing, must determine if there is any mental disorder or problem that affects the defendant's ability to understand the nature of the criminal proceedings against him or her so much so that the defendant is unable to adequatly assist his or her attorney in their defense.

These hearings are not closed and are open to the general public, just like every other hearing held in federal court.

Do you have any questions based on this? If so, please ask.

Ask Your Own Criminal Law Question

If not, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information to individuals until they click ACCEPT and rate the assistance (just the assistance and not the law, as experts have no control over that and are just messengers) with three stars or higher. Thank you.

***General information provided here is for general and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Ask Your Own Criminal Law Question

.

Ask Your Own Criminal Law Question
Customer reply replied 7 months ago
Oh and just one last thing why does it take so long to get to trial?

Well, that depends heavily on each individual case.

However, throughout the course of a criminal case, the parties must engage in discovery. Discovery is the exchange of all information in possession of the prosecution which they intend on using at trial. This can often be quite lengthy, especially if the criminal case is complicated in nature. It is only when a) all discovery is complete and b) all investigation that needs to occur based on the discovery by the defense is completed, that a criminal case can be set for trial.

On top of that, when there is an issue as to the defendant's ability to understand the nature of the proceedings and his or her competency, the Court can simply grant continuances to see if the individual becomes competent (or can order evaluations to determine competency).

So discovery, along with any other unforeseen circumstances, like the defendant's competency arising, can prolong a case (technically, indefinitely based on the competency, or lack thereof, of the defendant).

Ask Your Own Criminal Law Question
Customer reply replied 7 months ago
does the time the defendant stays awaiting trial count towards the time in prison? Like if they spent 1 year awaiting trial and they got sentenced to 2 years would it technically be only one more year?

Generally, yes. Any time spent in custody prior to trial would be used as credit to offset any prison term an individual is sentenced so long as the judge orders pre-sentence credit.

Ask Your Own Criminal Law Question

I will have to step away from my computer soon for a few hours.

I will be happy to continue answering your questions. However, since your initial question of a competency hearing has been answered, JustAnswer protocols dictate that the individual click accept and rate the assistance provided based on the initial question.

Thank you!

Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
Experience: Attorney at Law Offices of Khaled Issa
Verified
Legal-Kal and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 months ago
Of course! You answered all my questions actually very well I will be more then happy to provide a 5 star rating thank you!
Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 585
585 Satisfied Customers
Experience: Attorney at Law Offices of Khaled Issa

Legal-Kal is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My husband is currently being investigated in watching child
Hi, my husband is currently being investigated in watching child pornography. Our house was searched and they took my husband hard drives and computer. I called the detective and he said because of ba… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I am in court for criminal mistief in the state of indiana
i am in court for criminal mistief in the state of indiana marion county. I am illeged to break a windo . I am being charged with a felony because the total cost is said to be over 2500 dollars. I wan… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Can I be cited for criminal Trespass from the tennis courts
Can I be cited for criminal Trespass from the tennis courts on a school grounds entirely at the discretion of the school officials… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
In criminal law, if someone is awaiting sentencing of a
Second opinion] In criminal law, if someone is awaiting sentencing of a Federal Felony and I have evidence that should be considered by the sentencing Judge, how can one ensure the evidence is brought… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
55 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
30,179 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
You would need proof that they are hacking your computer.
You would need proof that they are hacking your computer. The first step there would be to take your computer into a local computer repair shop to be examined for spyware. If spyware is discovered, yo… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
Have previous criminal record in NM with deferred sentence
Have previous criminal record in NM with deferred sentence for soliciting a prostitute in 1998. Would like to have this record sealed or "expunged " . Was told I could apply to court to have this done… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,175 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
I received a letter from the usps criminal investigation
Hi. I received a letter from the usps criminal investigation service center stating that an item that may contain controlled substances was mailed to me. I have no idea what this is and everything is … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My question is: Once a Criminal investigation filed by the
Hello my question is: Once a Criminal investigation filed by the state prosecutor against a police department for a wrongful death, can it be retried? And if not, are there any loopholes or justificat… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
In the criminal justice arena there are different sentencing
In the criminal justice arena there are different sentencing schemes. They are determinant, indeterminate, and mixed sentencing (a combination of the first two). I'd like to know which states use whic… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x