Virginia Motion for Psychiatric Examination of Defendant

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Multi-State
Control #:
US-00802
Format:
Word; 
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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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FAQ

The court shall require the attorney for the defendant to provide any available psychiatric records and other information that is deemed relevant. The court shall require that information be provided to the evaluator within 96 hours of the issuance of the court order pursuant to this section. D.

-- If, at any time before trial, the court finds, upon hearing evidence or representations of counsel for the defendant, that there is probable cause to believe that the defendant's sanity will be a significant factor in his defense and that the defendant is financially unable to pay for expert assistance, the court ...

§ 19.2-167. Accused not to be tried while insane or feebleminded. No person shall, while he is insane or feebleminded, be tried for a criminal offense.

Judge shall require examination under § 19.2-300; by whom made; report; expenses of psychiatrist. The judge shall order the defendant examined by at least one psychiatrist or clinical psychologist who is qualified by specialized training and experience to perform such evaluations.

In any case in which a person charged with a crime intends (i) to put in issue his sanity at the time of the crime charged and (ii) to present testimony of an expert to support his claim on this issue at his trial, he, or his counsel, shall give notice in writing to the attorney for the Commonwealth, at least 60 days ...

Motion to strike defensive pleading in equity and at law; exceptions abolished. Exceptions to answers for insufficiency are abolished.

Satisfaction and discharge of assault and similar charges.

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Virginia Motion for Psychiatric Examination of Defendant