Q: I need to prove I was incapable of pleading guilty due to my mental state. Would major depressive disorder do that?
My lawyer refused to defend me. I have a letter from mental health counselor stating I had MDD during the commission of the crimes. Pre sentence investigation report says that I never saw a mental health counselor and many other lies.
A:
Under California law, for a defendant to be found incompetent to stand trial, they must be unable to understand the nature of the proceedings or assist counsel in their defense due to a mental disorder or developmental disability. Major depressive disorder (MDD) could, in some circumstances, render a person incapable of understanding the proceedings or assisting in their defense.
However, merely having a diagnosis of MDD does not automatically deem one incompetent. The letter from the mental health counselor might be evidence of your mental state, but its weight and significance would be determined by the court. If there are inaccuracies in the pre-sentence investigation report, these discrepancies should be addressed. You should consider seeking new representation or consulting with another attorney regarding the best way to present this evidence and challenge the findings of the report. It's vital to ensure that the court has a clear and accurate understanding of your mental state during the relevant periods.
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