Legal Question in Criminal Law in Virginia

not guilty by reason of insanity in VA

how long can you be held for unlawful wounding after pleading ngri and being aquitted of all charges even if doctors disagree


Asked on 5/10/07, 12:16 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: not guilty by reason of insanity in VA

"Pleading ngri and being acquitted of all charges even if doctors disagree"?

If you mean that you pled not guilty were acquitted of all charges after a trial of your case, the answer to your question has to be: you must be released from police custody immediately, if that is in fact what happened---irrespective of what any doctors may be yammering about.

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Answered on 5/10/07, 4:52 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: not guilty by reason of insanity in VA

However, if you were found not guilty

of the crimes charged by reason of insanity, the court having jurisdiction

over the matter can require that you be held in a state mental institution such as Western State Hospital indefintely, which can translate into many years, particularly if any doctors who have been brought into your case to evaluate you continue to recommend to the court that you be detained in this manner.

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Answered on 5/10/07, 5:49 pm


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