Incompetent to Stand Trial
Who determines if you are incompetent to stand trial?
The Judge, usually after an evaluator recommends it
How often do you met with your clinician while in JBCT?
At least once a week for a full session (does not include a check-in)
What should you do if you disagree with your attorney in the courtroom?
Write a note or whisper
Talk to them after
Does having a mental health history guarantee NGI?
No
What is the first step of a trial?
Arrest - taken into custody by the police because they believe you broke the law
What pleas lead to a trial?
Not guilty and NGI
True or False? Clinicians review charges, counts, sentencing range and prior strikes during individual sessions?
True
Are you expected to tell your attorney everything you remember about your case?
Yes
What is the record of an incident that contains information that is illegal or potentially illegal, it is usually written by a police officer or sheriff's deputy?
Police Report
After being arrested, the DA decides what crimes you are charged with based on the evidence available. What step of the trial process is this?
Filing of charges
In order to accept a plea bargain what would the defendant have to plea?
No contest and guilty
What do clinicians review with you during an individual sessions?
Competency information
Factual information
Rational understanding of your case
Ability/willingness to work with an attorney
Right to Counsel
Who gets to question the defendant if they decide to testify in court?
DA and public defender
What is the step in the trial process where you are told your legal rights and what your charges are. You can also enter a plea.
Arraignment
True or False? You must be able to think about the pros and cons of your legal options and make rational decisions about your case?
True
Do clinicians give you the full official police report?
No, they usually provide you with a summary of the police report (to not show all the confidential information)
What happens if you do not give your attorney all of the honest facts regarding your case?
It can cause your attorney to not be able to fully defend you because they do not have all the information
What happens if you lose a NGI case?
If you are found guilty, you will most likely get maximum sentence of your charges.
What is the step in the trial process where the DA tries to make a deal with you for a lower charge or lower sentence?
Plea bargaining
What are your legal rights?
Right to a jury trial
Right to a fair and speedy trial
Right to reamin silent
Right to counsel
Right to self-representation
What are two things you must understand to be competent?
Understand charges
Understand courtroom roles
Assist attorney rationally
How can you help your attorney?
Be honest
Be cooperative
Listen to their side (you don't have to like them or what they say)
Why is it important to review the police report?
Make informed decisions
Know what the other side is saying (defend yourself)
What is the step where the facts of the case are reviewed to decide if there is enough evidence to go ahead with a trial?
Preliminary hearing