Los Angeles Criminal Lawyer – Competency to Stand Trial CPC 1368

A person charged with a crime must be competent to stand trial. The United States Constitution provides that a person cannot be forced to stand trial in a criminal matter unless the person is competent to do so. If you or someone you love is facing a criminal trial, you should consult with your West Covina criminal lawyer if you believe competency may be an issue.

What is competency to stand trial?

A defendant is not competent to stand trial if he or she, cannot: (1) understand the nature of the criminal proceedings; or (2) assist his or her attorney in the conduct of a defense in a rational manner. If competency is an issue, the court will order the defendant to undergo a competency evaluation by mental health professional.

Communication difficulties are one of the most significant problems in competency determinations.  Although the legal and the medical communities both speak English, they each use specialized and technical terms that make it hard for the lawyers and judges to clearly communicate with the doctors and psychologists and vice versa. Additionally, many people with borderline capacity issues have trouble communicating effectively or understanding what is being said in the course of a criminal trial.

Therefore, the West Covina criminal lawyer’s role is very important in the court’s determination of whether a defendant is competent to stand trial. A West Covina criminal lawyer will need to act as an interpreter to stand in between the defendant, the court, and the mental health specialists to make sure everyone understands what the other party is saying. In other words, the West Covina criminal lawyer will protect the defendant’s legal rights and provide a voice on his or her behalf in the criminal justice system’s determination of whether the defendant is competent to stand trial.

If the court rules that the defendant lacks competency to stand trial, the court will require him or her to attend restorative services until the capacity is restored and he or she can legally stand trial.

If you or a loved one is facing criminal charges and competency to stand trial could be an issue, contact experienced West Covina criminal lawyer Daniel V. Cota.  Mr. Cota will evaluate the case and educate the judge regarding why a competency evaluation is necessary. To schedule a free consultation with a dedicated and experienced West Covina criminal lawyer, contact Daniel V. Cota & Associates, P.C. toll free at 800.351.6860.

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