Uncategorized

Another update regarding Danielle’s case (Target shoplift)

Hi!

We have an update regarding Danielle’s court case 2 days ago:

After I emailed you the other day, the Court cleaned up the docket entries for the hearing. It appears to me (all I can see is the docket, and there are no related documents yet) that the mental health issue is in fact one of competency, and that someone (it could be Danielle’s attorney, the prosecutor or the judge) has challenged her competency to stand trial. The probable cause language that day reflects that the judge concluded there was probable cause to believe she is not competent. Accordingly the court has ordered a mental health examination, to be followed by a hearing in October on the issue of competency. Competency to stand trial is a very low bar, but I have occasionally dealt with this with clients who were either floridly mentally ill or suicidal (I am not implying this is Danielle’s issue – I have no idea). Certainly suggest she is not doing well in any case.

The competency standard is as follows: A defendant is incompetent and must not plead, be tried, or be sentenced if the defendant due to mental illness or cognitive impairment lacks ability to: (a) rationally consult with counsel; or (b) understand the proceedings or participate in the defense.

Follow us on Twitter