Motion For Examining Trial Texas

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State:
Multi-State
Control #:
US-00802
Format:
Word; 
Rich Text
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Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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How to fill out Motion For Psychiatric Examination Of Defendant?

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FAQ

Where it is made to appear by affidavit to a judge of the Court of Criminal Appeals, a justice of a court of appeals, or to a judge of the district or county court, that the bail taken in any case is insufficient in amount, or that the sureties are not good for the amount, or that the bond is for any reason defective ...

A trial gives the judge and jury a chance to look at the evidence of the case and determine whether you are guilty. If you are accused of a felony, the trial should begin within 6 months of your arrest, and last between 2 months and a year. Misdemeanor cases last for a shorter time.

An examining trial is a hearing in open court where evidence can be introduced, but there is no jury and there is no adjudication of guilt at this stage. The focus of an examining trial is exclusively upon whether or not there was ?probable cause? for the arrest to have been made.

If the grand jury finds that there is enough evidence for the case to go forward, they will issue an indictment. Once the grand jury issues an indictment, an arraignment hearing will occur within about two to four weeks after an indictment has been handed down.

16.22 of the Code of Criminal Procedure provides for a protocol when a person who has been arrested shows signs of mental illness or intellectual disability.

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Motion For Examining Trial Texas