Legal Question in Criminal Law in Arizona

mental incompetence

An individual pleads guilty to

theft in a plea aqreement for

probation. Probation is violated and a petition to terminate probation filed.

A Rule 11 motion is made and the individual is found to be

mentally incompetent.

The petition is dismissed but the guilty plea remains although the reports state that

incompetency predated trial and

defense had knowledge of this

prior to trial.

Will a petition to dismiss guilty plea prevail?


Asked on 1/13/07, 1:46 am

1 Answer from Attorneys

Jason Lamm Jason D. Lamm Attorney at Law

Re: mental incompetence

First off, thank you for posting the most intelligent and legitimate question ever posted to this board. I am happy to answer. Candidly, what you raise is a fairly complex questions that would have to be answered through, most likely, a petition for post conviction relief inasmuch as the right to direct appeal was waived through a plea agreement. Rule 32 governs this and I would surmise that although the State would argue that the time has lapsed, an argument could be made as newly discovered evidence as to competence exists. Was a Rule 11 evaluation done in pre-conviction proceedings? Who was defense counsel? Were they any good and what will their file say about mental status of the accused? So you see, there is a lot going on here. I'm happy to get involved, but I want to be up front and let you know that any good lawyer is going to charge you some serious money. How much, I couldn't quote you until I reviewed some more things. Also, you may need a private Rule 11 evaluation, rather than the cursory crap the court evaluators do (crank'em in, crank'em out). Best of luck and let me know if I can further assist.

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Answered on 1/13/07, 9:25 am


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