Fairfax Lawyers Bridging the Communication Gap for Our Clients
The U.S. Constitution requires that a person cannot be forced to stand trial in a criminal matter unless that person is competent to do so. The court evaluates criminal defendants, determining whether they are competent to stand trial based on whether they know who the judge and the attorneys are, and whether they are able to engage meaningfully in their defense.
The problem is the different types of language used by the parties. Although the legal system and the medical community both speak English, of course, they each use such specialized, technical terms that there is a communication gap when doctors and psychologists try communicating with lawyers and judges. Further, many people with borderline capacity issues have trouble communicating effectively or understanding what is being said in the course of a criminal trial.
The most important role of a criminal defense attorney is to be an interpreter, to stand in between the accused, the court and the mental health specialists, and make sure everyone understands what the other parties are saying. We make sure no one tramples on our clients' rights. We provide a voice for our clients in the criminal justice system.
We have experience with some of the specific challenges that arise in competency and restoration cases:
- Hiding mental illness: Many people with mental illness hide it, so they appear more competent than they really are.
- Working with the evaluator: We have experience interpreting the scientific language used by mental health evaluators.
- Intellectual Disability/Mental retardation issues: Intellectually disabled/mentally retarded defendants are the most difficult to represent. They can usually be taught who people are, and since they are generally very compliant in general, they sometimes will simply agree with everything being said by their attorney, so it is difficult to determine if they are truly able to meaningfully engage in their own defense.
- Juvenile court cases: The issue of competency comes up often when dealing with crimes committed by young people.
Believe it or not, the doctors and judge will sometimes get competency hearing wrong. Often, judges will defer to a doctor's testimony if it goes unchallenged. You need someone there for your competency hearing. You need someone in that courtroom with you who has experience and skill to defend your rights.
Restoration of Competency to Stand Trial in Virginia
When defendants lack the capacity to stand trial, the court sends them to restorative services, until their capacity is restored and they can stand trial. These restorative services can take place in a hospital or in the form of outpatient care, depending on the defendant's needs, the severity of the crime involved and other factors.
Virginia Criminal Defense Lawyers | 571-308-2041 | Free Consultations
We can fight for the best outcome possible in your restoration hearing. Either call or e-mail us for a free consultation with one of our attorneys.
