Legal Question in Criminal Law in New Mexico
Incompetent to stand trial?
My husband has 3 charges for violation of a protective order. The prosecutor told me they are reviewing his cases for competency.
What does it mean to be incompetent to stand trial? How is this determined? And does that mean the charges will be dismissed and he will be free to violate the order and say he just didn't understand? He is in jail right now. Will this get him out?
1 Answer from Attorneys
Re: Incompetent to stand trial?
It means there is a question as to whether or not he can comprehend the charges against him and assist his attorney in a trial or hearing. He may be examined by a psychological professional. He could be treated and held until he regains competency if found incompetent. It does not mean he is free to violate the Order of Protection. It is quite doubtful that he will be released from custody.
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