Asked in Constitutional Law for Arizona

Q: If the issue of competency is raised during an arrangement, by defendant. What is supposed to take place after.

What's is the due process when the issue of competency is brought up.

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA

A: If the issue of competency is raised during an arraignment, the judge may order a competency evaluation of the defendant to determine if they are able to understand the charges against them and assist in their own defense.

If the defendant is found competent, the criminal proceedings will continue as usual. However, if the defendant is found incompetent, the proceedings may be suspended until they are deemed competent to stand trial. In some cases, the defendant may be involuntarily committed to a mental health facility for treatment to restore their competency.

The exact due process may vary depending on the jurisdiction and the specific circumstances of the case. However, the general principle is that the defendant has the right to a fair trial and cannot be tried if they are unable to understand the proceedings or assist in their own defense.

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