Attorneys
Can you talk to your attorney?
Have you communicated with your attorney?
Yes you can talk to your attorney!
If you haven't talked to them lately, please try to get a hold of them to see where you stand in your case.
Can you go back to court without a letter from the evaluator telling the judge you are ready?
NO!
What is evidence?
Something presented to the court that makes a point about the defendant being guilty or not guilty.
What is the more serious class of crime? what are it's categories?
Felony
Class A most serious/ Class B mild/ Class C less serious.
Who is the boss of the courtroom?
The Judge.
Who is the lawyer who is assigned to help the defendant? In this case is you.
What would be the correct title for the lawyer?
Defense attorney, Public Defender, or Defense counsel are all terms used to describe this person.
During the evaluation, will you be expected to know charges?
Yes!
The charge (accusation) is public record. Your side of what happened is not - it is privileged information for your attorney only.
What are charges?
the name of the crimes the defendant is accused of committing.
Charges are accusations of breaking the law.
Can you go back to court with mental illness symptoms?
YES, as long as they do not interfere with your ability to cooperate, Understand, and Participate.
What other name is the judge called?
"Your Honor" or "The Honorable.
Who is you attorney?
Answer
When is your evaluation?
answer
What is a plea bargain?
The defendant agrees to plead guilty to a lesser charge. The District Attorney to reduce charges and or recommend a lesser sentence if the defendant will plead guilty.
Is the hospital responsible for helping prove your innocence?
NO The hospital is a neutral party - used for evaluation and treatment.
What does time served mean?
The actual time the defendant was in jail or Oregon State Hospital before sentencing; the judge may decide to subtract this time from the sentence.
Should the defendant ever talk to the district attorney without advice from his/her own attorney?
NO
Is your personal hygiene, dress, and appearance important? In court? In the evaluation?
Yes
What is probation?
Supervised release of a person convicted of a crime on the promise of following all of the specified conditions determined during sentencing. If these rules/conditions are not followed the person would/could be sent to jail.
What is a fine?
An amount of money the defendant has to pay to the court.
How are you expected to behave in court?
A) calm
B)listen to your attorney's advice
C)listen to the judge
What is your attorney's job?
Represent you in court of law, answer any questions you may have about your case, help you decide how to plea, and provide you the best outcome possible.
What is an evaluation?
This is an important interview with a psychologist at Oregon State Hospital. The purpose is to determine if you are able to cooperate with an attorney, understand the legal processes , and participate in your defense.
What does .370 mean?
Its a reference to a law (ORS 161.370) which allows a judge to send you to OSH/ Mckenzie Ridge for evaluations and treatment.
The Judge decided that you were unable to understand the court proceedings, cooperate with your attorney, or participate in your legal defense.
What is the mental health defense of Guilty Except for Insanity. (GEI)
The defendant is saying that he/she did the crime but his/her mental illness was a significant factor in committing the act.
The defendant's mental illness prevented him/her from understanding the act was illegal or from acting according to the law.
What could happen if someone speaks or moves around in court without permission?
He/She could be held in contempt of court. This could lead to fines, time in jail, or other penalties.