Legal Question in Criminal Law in Florida

If a lawyer orders a competency Hearing and gets it and a docket sounding is on Nov 6th and a court hearing is set for Nov 27th do they pospone the docket sounding on the 6th untill they get the report from the specialist and what is the lawyer doing because there is nothing wrong with the person mentally he is just physically sick with disableing medical problems

Asked on 10/31/13, 12:12 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

A lawyer has a duty to his client to request a competency evaluation if they feel that it may be an issue for the case either at trial or sentencing. It would be malpractice if the lawyer didn't do it, if there might even be an issue. These are issues that must be taken up with the attorney not on a forum such as this.

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Answered on 10/31/13, 6:41 pm

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