Legal Topics

Criminal law — Competency to stand trial — Detention pending competency determination 

Jan 02nd, 2024 in by admin

Criminal law — Competency to stand trial — Detention pending competency determination — Court is authorized to hold defendant in custody pending competency determination where experts have been appointed to evaluate defendant before competency hearing, but defendant will not submit to evaluation or is unlikely to appear for evaluation — Defendant may be held in custody pending competency determination even though court, in separate case involving other charges, has previously adjudicated defendant incompetent to proceed and found that there was not a substantial probability that defendant would gain competency in foreseeable future