The Evaluation
Is the evaluation more like a test or an interview?
It's more like an interview
What are the two main results you may hear after an evaluation?
Able or Not able.
Yes or no; do you know your charges?
If you are unsure, ask your attorney and/or case manager?
What is the maximum sentence for a Felony A charge?
20 years.
What are your constitutional rights called?
The Miranda Rights
Who will be doing your evaluation?
A psychologist or psychiatrist
What does an "Able" finding mean?
It means the evaluator believes you are ready to aid and assist your attorney with your defense.
Will you need to know your charges for the forensic interview?
Yes.
What is the maximum sentence for misdemeanor C charge?
30 days.
Do you have the right to remain silent?
Yes
Can your lawyer be present for your evaluation?
Yes. you can ask them, but it is their decision whether to attend or not.
What does a "Not Able" finding mean?
Not able means that, at the moment, the evaluator believes that you are not ready to aid and assist your attorney in your defense. In other words, they think you should continue treatment to work on legal skills.
What are the two classifications of charges?
Felony and misdemeanor
What is the maximum sentence for Misdemeanor A charge?
1 year
Do you have the right to an attorney?
Yes
What types of questions might the evaluator ask you during an evaluation?
Legal skills questions, mental health questions, and general questions about yourself.
What are the next steps if you are found able?
You can begin working on your legal case with your attorney.
What is the more serious class of charges?
Felony
What is the maximum sentence for Misdemeanor B charge?
6 months
Do you have the right to a fair trial?
Yes.
What is the purpose of a Forensic Evaluation?
Determine if you are able to aid and assist. Specifically, they are looking to see if you can cooperate with your attorney, understand the legal skills information, and participate with your attorney in forming your defense.
What are the next steps if you are found not able?
You continue engaging in treatment and working on legal skills.
What is the less serious class of charges?
Misdemeanor
What is the maximum charge for a felony B charge?
10 years
Do you have the right to appeal to a higher court.
Yes, but only if you plead not guilty and go to trial.