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If a person is going to have a competency hearing, what all comes after that...and how long after that is it when the person is actually convicted & sent to prison?? What exactly is a competency hearing?

2006-08-11 08:27:44 · 1 answers · asked by ..... 1 in Politics & Government Law & Ethics

1 answers

In a criminal trial, the competency hearing determines if the defendant has the mental capacity to understand the nature of the proceedings against them and to participate in their own defense by assisting their attorney.

If the defendant is not found competent to stand trial, then they are committed to a mental institution until they are competent.

If the defendant is found competent, then the trial proceedings can continue. The time-line depends on when the hearing is held. It can be months before the trial, or it can be immediately before if the issue doesn't get raised until then.

2006-08-11 08:30:42 · answer #1 · answered by coragryph 7 · 2 0

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