Legal Question in Criminal Law in Florida

RE: Competency hearing in FL

If there is found after current extensive testing by a Neuropsychologist a serious neurological deficit, & in addition clear medical records & images show brain damage, what can happen at this hearing? This is on a 1st degree felony.


Asked on 1/04/13, 8:23 am

2 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

You need to ask his attorney this question because they know all the facts. There are a lot of things that can happen, but his attorney could be specific with an answer.

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Answered on 1/04/13, 10:18 am
Eric Trabin Lucid Legal, PLLC

The purpose of a competency hearing is to determine whether the defendant understands the process he is in, whether he can contribute to his defense, and appreciates the charges against him. If he doesn't and is incompetent, the court will determine whether he meets the criteria for involuntary commitment. The court wants to know if the defendant can be restored to competency and whether he can or can't, the court wants to know if under the law and facts the defendant should basically go to a facility (not prison) for treatment.

I agree his attorney would know more about the details of his situation.

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Answered on 1/04/13, 8:53 pm


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