On a first offense domestic violence case, if the defendant has been found incompetent to stand trial, does the DA have the right to send them to a mental hospital without a trial?
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On a first offense domestic violence case, if the defendant has been found incompetent to stand trial, does the DA have the right to send them to a mental hospital without a trial?
Threre are no priors and no history of violence.
Asked on December 16, 2012 under Criminal Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the defendant has been deemed incompetent to stand trial in a criminal matter then there has been a finding that the defendant is not competent resulting in his or her immediate placement in a mental institution as a matter of law.
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