Monahans, TX asked in Constitutional Law and Criminal Law for Texas

Q: If a defendant chooses to defend themselves.. Can a judge declared them incompetent without a psychologist or physician

1 Lawyer Answer
Russ Hunt Jr.
Russ Hunt Jr.
  • Criminal Law Lawyer
  • Licensed in Texas

A: When a person wants to defend themselves the judge has to decide whether the person is competent in the sense that they understand the system well enough not to hurt themselves too badly. This is different from whether they are competent in the psychological sense.

Being incompetent to represent yourself simply means that you must be represented by a lawyer, and the judge will decide this without input from a psychologist or psychiatrist.

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