Unaware of what you were doing when you committed the crime, or.In order to successfully use an insanity defense, your attorney must show that you were either: Insanity pleas are handled quite differently. If, however, you do not recover after three years, your mental health attorney will represent you at a hearing at which your long-term treatment options will be discussed. Should that be the case, you will be housed and cared for at a California psychiatric facility until such time as you are found competent. Under California law, if your psychiatric evaluation shows that you do not understand the charges against you and are not capable of assisting in your own defense, you will be found incompetent to stand trial. Incompetency and Insanity: What You Should Know In either case, your California mental health attorney will ask the court to provide you with a psychiatric evaluation. Likewise, a defendant may have committed a crime during a temporary psychotic episode but be fully capable of standing trial at present. In other words, a person can be legally sane when a crime is committed and then become mentally incapacitated after their arrest. Whether or not you were legally sane at the time of the crime is unrelated to your competency to stand trial. Was he or she legally sane at the time the crime was being committed?.Is the client currently competent to stand trial?.There are two issues at hand when dealing with a client’s mental health as it relates to the criminal justice system: How Your California Mental Health Attorney Can Help The experienced criminal defense lawyers at The Rosenfeld Law Firm have a comprehensive understanding of California’s mental health laws, and they will use this knowledge to protect your rights. You should look for a California criminal defense attorney who has successfully kept mentally ill clients out of prison and has helped them get the psychiatric help they deserve.
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