TERRELL STATE HOSPITAL
Why are you at TSH?
Competency Restoration
Who is the defendant in your case? Why?
You. You have the charges.
What is the role of the prosecutor? What is another name for the prosecutor?
To prove the defendant guilty and/or get them the maximum sentence possible. D.A. or District Attorney
What should you do if a witness is lying about you in court?
Whisper to your lawyer or write a note
Neither, they are neutral
What is the name of the group that the judge has ordered for you to attend for while at TSH?
Competency Classes
Who is the lawyer on your side?
Defense Attorney
What 2 levels of charges can the prosecution charge the defendant with?
Felony and Misdemeanor
What do you do if you do not understand something during court?
Whisper to your lawyer or write a note
What does is mean to plead no contest?
You are not admitting guilt but you are accepting the charge
How long will you be at TSH?
Until you can pass a verbal competency test with a TSH doctor
What are the 4 pleas that a defendant can plead?
Guilty, not guilty, no contest, NGRI
What is evidence?
Proof of the crime.
What is appropriate courtroom behavior & dress?
No outbursts. Following the directions given by your lawyer. Asking your lawyer questions quietly.
Business casual or jail provided clothing.
What are the 3 roles of the judge?
Keep order in the court; sentence the defendant; provide the verdict if there is no jury
What happens after your competency evaluation?
The doctor writes a letter to the court stating if they believe you are competent or not, but it is just a suggestion. The judge makes the final decision and will issue a bench warrant for your return to jail if they agree. The county then has 2 weeks to transport you back to jail. There you will evaluated again and the court will make a final decision on whether you are competent to stand trial or not.
Is the defendant REQUIRED to testify in their own case?
No. You have the right to testify and can or cannot use it if you want. Speak with your lawyer for advice on whether to testify or not.
The prosecutor will often offer a deal for the defendant to plead guilty to a lesser charge or a lesser sentence, what is this deal called?
Plea bargain
What is perjury?
Lying under oath
What 2 pleas will take you to trial?
Not guilty and NGRI
Will your lawyer talk with you while you are at TSH? Why or why not?
No your lawyer will not talk to you while at TSH. Currently you are considered incompetent to stand trial and therefore are not able to adequately correspond with your lawyer. For your and your lawyers protection, there is no conversation until you are found competent by the court.
Who is the only person who can decide how the defendant is going to plead?
The defendant
Who does the prosecutor work for?
What is the charge you can receive if you are disruptive in court?
Contempt of court
What 2 pleas will take you to sentencing?
Guilty and No Contest