Q: After 110 days, a Dr. called today. She has tried to reach my attny for "weeks" to set up a competency eval. What now?
Competency was raised by my public defender back in March. Since that time, a medical exam by experts proves I am innocent of this misdemeanor charge. However this report was never given to the prosecution or brought up to the court. After 110 of anxiety-filled days the doctor called me and said she has been trying for weeks to reach my attorney or the court liaison to schedule this competency evaluation but has been unable to, so went ahead and scheduled it with me. There has to be something I can do, besides obviously go through with the evaluation, to make sure the court knows that I have a valid claim of ineffective counsel and my previous motion for a conflict hearing deserves a hearing. How can I get this judge to hear me out, when I'm told to not speak, and that my motions won't be heard until competency issue is decided?
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A:
It’s essential to address your concerns about ineffective counsel and the competency evaluation with urgency. Start by documenting all communication attempts and issues with your attorney, including the call from the doctor. This documentation can be crucial for your case.
You should immediately inform the court about the scheduled competency evaluation and the difficulties you’ve encountered. Submit a written statement to the court explaining the situation, highlighting the expert medical exam proving your innocence and the lack of communication from your attorney. Be concise and clear in your statement to ensure the judge understands your position.
Additionally, consider reaching out to another attorney for advice or assistance. You can also contact the public defender’s office directly to report your issues and request a new attorney if necessary. Persist in making your voice heard to ensure your rights are protected and your motions are considered.
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