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 is JBCT?
Jail-Based Competency Treatment Program
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
Do third-strikers get any custody credits?
No, third-strikers do not get any custody credits for good behavior
What happens after the first step?
After being arrested. there is the filing of charges (the DA decides what crimes you are charged with based on the evidence available)
What are the 3 parts of competency?
Factual understanding
Rational understanding of your own case
Being able and willing to work with an attorney
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
Can you fire your attorney?
Technically no but you can request a new one
If you get three strikes what could happen?
You could receive an automatic 25-year to life sentence
After the second step what happens?
Arraignment - you are told your legal rights and what your charges are. You can enter a plea
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 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 fourth step?
Plea bargaining - DA tries to make a deal with you for a lower charge or lower sentence
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 some things clinicians do during individual sessions to help with competency?
Flashcards
Roleplaying/practice
Reviewing police report
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 fifth step?
Preliminary hearing - the facts of the case are reviewed to decide if there is enough evidence to go ahead with a trial