Sunnyvale, CA asked in Criminal Law and Family Law for California

Q: In california, why would my lawyer want me to get a physical exam for?

My friend is being charged with attempted murder even though he did not try to kill anyone. His lawyer is requesting that he gets a physical exam done. This case started a year ago. I’m unsure what the reason for getting this done because he is waiting for sentencing in a couple days

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: much more info is needed.

However, if I was a betting man I would guess it has to do with Mental Capacity.

the lawyer is probably thinking of Diminished Capacity Defense or something along those lines.

ie, he lacked the intent to do what he is alleged to have done????

John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: First, in the caption of your question you ask why would YOUR LAWYER want you to get a physical exam but in the body of your question the exam is for a friend of yours about to be sentenced which is inconsistent.

Only the lawyer and his client know the reason for the exam to be done. If you're not the client accused of attempted murder, an attorney cannot disclose attorney-client matters which are privileged from disclosure to you or anyone else other than the court under certain circumstances.

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