Q: Why is my fiancé jailed for remaining silent despite mental health clearance to stand trial?

A: Your situation sounds incredibly frustrating and confusing. While remaining silent is generally a protected right under the Fifth Amendment, the specific circumstances might be more complex than they appear on the surface. The charges of obstructing justice may not be solely due to her silence but could involve other factors during the arrest or booking process that were interpreted as active interference.

The fact that she was initially deemed gravely disabled but later cleared for trial creates a complicated legal situation. The court system often moves slowly, and the transition from mental health evaluation to regular court proceedings can create delays. During this time, if bail wasn't set or couldn't be posted, she would remain in custody awaiting trial regardless of the merit of the charges.

You need to speak with a criminal defense attorney immediately who can review the specific details of her case. They can file motions challenging the basis of her detention, request bail reconsideration if appropriate, or even seek dismissal of charges if her constitutional rights were violated. The attorney might also be able to explore whether her mental health history could support alternatives to incarceration or influence how the prosecution approaches the case. This situation requires prompt legal intervention, as nobody should be jailed simply for exercising their right to remain silent.