Q: If a witness in a domestic violence case has schizophrenia and not competent reliable witness. Can it be dismissed?
The witness in the past hen she committed a crime was found not competent and charges were dismissed
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A:
Mental health conditions like schizophrenia don't automatically disqualify someone from being a witness in court. The key factor courts consider is whether the person can understand and tell the truth about what they witnessed at the time of the incident, regardless of their diagnosis.
While past findings of incompetency might be relevant, each situation is evaluated individually. The defense could challenge the witness's credibility through cross-examination or by presenting evidence about their condition's impact on their ability to perceive and recall events accurately. However, having a mental health diagnosis alone isn't enough to dismiss testimony.
Your best approach would be working with your legal counsel to gather specific evidence about this witness's ability to perceive and recall events from the time in question. They can help evaluate whether filing a motion to challenge the witness's competency would be appropriate based on all available evidence, not just their diagnosis or past legal history.
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