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PC 1368 allows a judge to suspend proceedings if a defendant's mental competency is questioned. For that reason, California Penal Code 1368 PC provides a legal process by which judges can suspend criminal proceedings against a defendant if their mental competency is questioned.

In felony cases, after the arraignment, if the case does not settle or get dismissed the judge holds a preliminary hearing. At this hearing, the judge will decide if there is enough evidence that the defendant committed the crime to make the defendant have to appear for a trial.

In determining whether the defendant is competent to stand trial, the court must determine "whether the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding -- and whether he has a rational as well as factual understanding of the proceedings against

What is the purpose of a Preliminary Hearing? The purpose of a Preliminary Hearing is very limited. It is only held to determine whether or not a crime may have been committed and whether the defendant may have been involved in that crime.

During a preliminary hearing, the judge determines whether probable cause exists that the defendant committed the crime and whether to allow the case to move forward to the Court of Common Pleas. Defendants can waive the preliminary hearing and allow the case to proceed directly to the Court of Common Pleas.

1370: Incompetent to Stand Trial. 1370.1: Incompetent to Stand Trial due to. developmental disability. 1372: Restoration of Competency.

The burden of proof is on the prosecution to show probable cause. The trial must show probable cause at the prelim, and then during the jury trial, the prosecution must prove you guilty beyond a reasonable doubt. As a defendant, you have legal rights to make sure you exercise as your criminal defense attorney.

The felony defendant has a right to a preliminary hearing that starts within ten court days of the defendant's arraignment and a separate right to a speedy trial within about 74 days of the preliminary hearing.

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Pre-Trial Services is uniquely positioned to be a partner in early diversion programs. Adding a screening instrument (e.g.Find the Mental Health Court processes and procedures from referral to release. Certificate of preliminary assessment. Certificate of preliminary assessment. Court-ordered Evaluation (COE). The court may waive the fee if neither party has the funds to pay it. 1. Complete the Domestic Relations Information Sheet with as much information as you have. Drug Court and Mental Health Court. In addition, about 60 agents function as full time investigators conducting pre-sentencing, pre-parole, and other investigations for the.

California Preliminary Assessment-Mental Health Court

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