Assessment of Client Competence in Criminal Cases
This issue is a big one in the Los Angeles courthouses. What happens is that a defense attorney has a client with whom they don't feel confident in understanding the court processes going on to help the attorney in relation to the case.
They have a client who has some mental issue that they feel like it's not fair that they should be prosecuted at this time.
Why? It's going to be a huge disadvantage to that particular defendant not being able to talk to their attorney in a sane manner, not being able to answer questions, not being able to testify if they had to, not being able to discuss the case with their attorney so the attorney can figure out exactly what's going on from their perspective.
Sometimes, when attorneys start talking to the client and evaluating what the client is saying and what the evidence looks like, they find that clients are unhappy with it and don't like it.
That's not a time to file a motion regarding their client's competency. But if the client is talking crazy, doesn't really seem to get what's going on with them, and is not in touch with reality, the attorney must start questioning whether a California Penal Code Section 1368 motion needs to be filed with the judge.
Usually, the judges are going to grant those motions. They may ask some questions. They may ask counsel if they feel they and their client are communicating. Please let me know whether your client can help with his defense. Tell me why you think I should declare a doubt about this particular defendant's sanity and send that defendant to be evaluated.
Mental Evaluation For Competence to Stand Trail
Once they do that, they will send them here in Los Angeles to Department 95. They're going to be evaluated and eventually decide whether or not proceedings will just be suspended against that particular defendant until they get their mind together, or they're going to say, this guy's fine.
He can be tried in the case and if he wants to fight it, they can. If they're going to try to work out a deal, they do have the wits about them to help their counsel and understand exactly what's going on.
That's another crucial thing. The defendant has to understand what's going on in a criminal case in Los Angeles. If they don't get what's going on or are in a position where they have some mental issues, sometimes a defense attorney can do their private evaluation of the defendant.
This is so we don't have to rely on the county. Then, when you get that private evaluation, if that particular psych says your client has some issues, counselor, you need to get him or her evaluated. I don't think they can help in their defense.
I don't think they understand what's going on, and they shouldn't go to trial, hold a preliminary hearing, or enter a plea in the case. They don't even get what's happening with him.
They don't understand the criminal process; some people can fake this. I wonder why you would fake it? They won't just let you go. They'll wait until you're okay to go to trial, and then you'll go to trial anyway unless you want the witnesses to forget the case or be unavailable when it comes back up.
I guess that could be some defendant's strategy, but most of the time, it's legitimate when I see attorneys declaring a doubt as to their client's competency. The client has just lost touch with reality – whether they're using drugs, whether they have some mental issue – there are all sorts of reasons why.
The bottom line is that attorneys have to be on the lookout for this type of stuff to ensure that their clients' rights in Los Angeles are protected and that the attorney makes the right moves for the client at the right time.
