Saturday, 10 January 2015

What happens when one doctor states you are competent, and another states your not, and another states you are not competent(going to trial)...

Question

What happens when one doctor states you are competent, and another states your not, and another states you are not competent(going to trial)? Are you sent to a mental instution? And for how long?



Answer

If 2 out of the 3 doctors say a person is not competent, then the case is abated in an attempt to restore competency to the defendant. Depending upon the type of case, the court might have the authority to order a defendant into a treatment program in an effort to restore competency, but it depends on the specific charges.



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