Competency
Why am I at FSH?
I have been charged with a crime and found ITP (Incompetent to proceed)
What is a plea bargain?
A deal between the state attorney, your lawyer/public defender, and you. The judge has to agree to the plea bargain.
Name 2 jobs of the judge in the courtroom?
Keeps order in court, enforces rules, remains impartial, passes sentence on, makes determination of case in bench (no jury) trial
What is the maximum possible penalty for a Life Felony?
Life in Prison
Who holds the "Gavel" in the courtroom? What does it do?
Judge, gets attention
You must be competent to go ahead with your case in court. This means that you are competent to ________.
Proceed
What does a "not guilty" plea mean?
I did NOT do the crime.
Name 2 acceptable courtroom behaviors.
Whispering to attorney, remain calm, no food or drink, dress appropriately, no profanity, no violence
What is the maximum possible penalty for a 3rd degree felony?
Maximum 5 years in prison
Who is in charge of proving the defendants innocence?
Defense Attorney
What are more serious and less serious charges called?
Misdemeanors and Felonies
What does a "guilty" plea mean?
I did the crime.
What is the role of the defense attorney/public defender?
Lawyer for you, on your side, tries to get you free, tries to get a reduced sentence
What is the maximum possible penalty for a 2nd degree felony?
Maximum 15 years in prison
Who is in charge of proving that the defendant is guilty?
Prosecution/State Attorney
You must take and pass a verbal competency ______ to return to court/leave the hospital/begin next steps.
Evaluation
What does a "No Contest" plea mean?
I am not saying whether or not I committed the crime. I want the judge to decide what happens in my case.
What is the role of the prosecutor/state attorney?
Against you, not on your side, their job to prove that you are guilty
What is the maximum possible penalty for a 1st degree felony?
Maximum 30 years in prison
Who swears you in, hands documents or evidence to the judge, and maintains safety within the courtroom?
Baliff
How do I become competent and leave the hospital ASAP?
Participate in treatment, take medication. display good behavior. know about my charges, the penalties, and the court.
What does a "Not guilty by reason of insanity" plea mean?
at the time of the crime, I was mentally ill and did not understand that what I was doing was wrong.
What does it mean to "Plead the Fifth"?
Refuse to answer a question that could incriminate you
What are 2 possible punishments that do not include prison time?
Probation, Community service, community control, county jail confinement, time served, fines, house arrest, drug treatment program
What makes testimony, "Good and Acceptable"?
Truthful, no profanity, in order, concise