Legal Question in Criminal Law in New York
Unfit to stand trial/plea
If a man is deemed unfit to stand trial by a prosecution's psychiatrist, can that man, without knowing the results of the psychiatric test, legally plead guilty?
Can a defense lawyer be denied access to that test or to a cat scan done by the county?
Thank you.
1 Answer from Attorneys
Re: Unfit to stand trial/plea
You are referring to a 730 exam conducted by the People's psychiatrist. If a defendant is unfit to stand trial the judge is required to interview the defendant and make a determination as to the defendant's ability to stand trial, i.e. assist in his own defense. If the judge determines he is not then the defendant is committed to a state institutional facility and the charges are dismissed. The People should provide the results of the exam to the defense attorney.
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