Evidence
What is evidence?
Data presented to a court or jury in proof of the facts in issue and which may include the testimony of witnesses, records, documents, or objects. The defense and prosecution are each allowed to present evidence in support of their cases.
Why do you have a defense attorney?
I need someone on my side who knows about laws and courtrooms to help me try to win my case or resolve it in the best way possible.
Is being charged with something the same as having done what you have been charged with? Why or why not?
No. Sometimes someone can be charged with something that they did not do. They will have a chance to fight the allegations against them in court. Or sometimes, even if you did commit the offense, the prosecutor will not have enough evidence for a judge to believe you are guilty.
What does it mean to be competent at something?
You have the skill or ability in a specific subject / being able to do something well / to understand how to assist in your own defense during a trial
Give an example of physical evidence
DNA, weapons, foot prints, photographs, documents etc..
Why is it important to tell your defense attorney your side of the story?
Your attorney will only be able to give you the best legal advice and assist you in to the best of their ability in court by knowing all of the facts.
Name the two main classifications of charges
Misdemeanor and a felony
What does it mean to be incompetent to proceed?
I did not understand the rules of the courtroom based on my not understanding how the court works/ did not show good behavior in the courtroom / did not show a good emotional state in court
A person who actually sees some act, occurrence, or thing related to the crime and can give a firsthand account of it.
Eyewitness
Should you tell people besides your defense attorney (friends, family, co-workers) information on your case? why or why not?
No, if I tell people other than my defense attorney about what I said and did, they do not have to keep it private.
What is the difference between a misdemeanor and a felony?
A misdemeanor is less serious of a charge than a felony.
Who decides if someone is competent or not?
The judge
A person who attests to another’s moral conduct and good reputation in a court of law.
Character witness
The rule you have with your defense attorney that a client can tell something to their lawyer and their lawyer cannot tell anyone else what the client said.
Client attorney privilege
What is the difference between a misdemeanor level 1 and misdemeanor level 3?
Are you required to attend and participate in competency restoration education?
Yes, competency restoration education is court ordered and there can be consequences in court for not attending and participating.
The defense by an accused person of having been elsewhere at the time an alleged offense was committed.
Alibi
What should you do if you disagree with your defense attorney?
Speak up and respectfully let your defense attorney know that you disagree. Work together with them to problem solve.
What are the names of your charges and their charge levels?
(Various)
Can you go to trial while you are incompetent to proceed?
No, you cannot go to trial while you are deemed incompetent to proceed.