Legal Criteria ( True/False)
You do not have to understand your current legal situation to be found competent
False
The Defendant Must be able to
understand his/her current legal situation
When testifying you have to be cross-examined.
True
If you testify you have to answer questions for both sides.
If you plead not guilty you will need a strategy of defense
True
I can get a plea bargain if I plea not guilty.
False
After your right are read to you, you must answer any questions asked to you before you are given an attorney.
No once you ask for an attorney you do not have to answer any questions until you are provided one.
Only your lawyer has to understand your charges
False
The defendant must be able to
Understand the charges made against him/her
Having the ability to locate witnesses is not important to the defendant.
False
The defendant must be able to
Identify and locate witnesses.
What is an Alibi
You can prove that you were somewhere else when the crime was committed.
Is a plea bargain always offered?
No
It is based on your past and evidence.
You must sign all paperwork before your lawyer reads it.
False before you sign anything always make sure your lawyer sees it.
Your attorney is the only one who makes the decision on how you plea.
False
The defendant must be able to
Make decisions after given advice.
I must participate in all my classes because they are apart of my treatment
True
all your classes are apart of your treatment.
What is Reasonable doubt?
The defendant must be able to challenge the strong points in the prosecutions case against the defendant, in order to cause doubt.
What is a plea bargain?
A deal for lesser time and a lighter sentence.
What if you are on the stand and you are asked a question by the D.a. and your attorney says "I OBJECT." What should you do?
Wait for the Judge to tell you if you need to answer the question.
it is not important how your charges are worded
False
One word added can add more time
(Example: Assault third degree
Assault with a deadly weapon first degree)
You must understand who sent you here and why.
True
The defendant must be able to
understand the court sent them here because they are incompetent to stand trial.
What is Insanity
The defense attorney must be able to prove that at the time of the crime, the defendant did not know what they were doing.
Can I appeal a plea bargain?
No
One of the rights you give up is your right to appeal.
What is an eye witness?
Some one who saw the crime take place.
Trusting your attorney is only important during a hearing or trial.
False
You should trust your attorney at all times. They are your voice in and out of the court room.
The defendants ability to tolerate stress is only important during a trial, not your stay at this facility.
False
The defendant must be able to
tolerate stress at trial or while awaiting trial.
What is self defense?
The defense attorney must be able to prove that the defendants actions were motivated by imminent threat of life and the action taken was not only necessary to protect there self, but also equal in force to the threat of harm.
Who all is involved in a plea bargain
The district attorney offers it to me through my attorney.
My attorney talks to me about it.
The defendant decides whether to take it or not.
The Judge has the final say.
what is perjury
Perjury is giving false testimony