Q: If I was stayed over for a Marsden and subsequently had a medical event that required me to leave. Now PC1368 was issued
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A:
A Marsden hearing (where you request to replace your court-appointed attorney) being interrupted by a medical emergency is a serious situation. When PC 1368 is issued, it means the court has doubts about your mental competency to stand trial.
This triggers a pause in your criminal proceedings while your competency is evaluated. During this time, the court will appoint mental health professionals to assess whether you understand the nature of the criminal proceedings and can assist in your defense. Your rights are protected during this process, and you cannot be tried while questions about your competency remain unresolved.
You should immediately inform your attorney about both the medical event and the PC 1368 order. Your attorney can help ensure that both your medical needs and legal rights are properly addressed. They can also potentially revisit the Marsden motion once your competency has been established, if you still wish to pursue it. Consider gathering any relevant medical documentation that might help explain the circumstances of your emergency.
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