This question can be answered differently depending on whether you are the victim or related connected to the defendant in some way. As the victim, I would recommend speaking with the victim's advocate and the Commonwealth Attorney about the charges and the defndant's options, as well as your moving forward. If you are connected to the defndant and are asking on their behalf, having a mental evaluation and the charges amended is something that his attorney would have done in an attempt to lessen the charges against him due to mental incompetence or other various factors. If this is the case and they do not have an attorney you will need to contact one ASAP.
The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided... more
The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
First, a state Grand Jury does not convict, they only return a True Bill?indictment based on enough evidence to charge based on probable cause. This is different from a 12 member Trial Jury who listens to all the evidence before a trial judge and renders a verdict of Guilty or Not Guilty after proof is heard and the prosecutor presents evidence to convict beyond a reasonable doubt.
A defendant's mental health is always a consideration by the prosecutor and the defense. If the court has ordered a mental health evaluation per KRS 504, there is a concern about his competency or criminal responsibility to stand trial.
I assume you are a prosecuting witness. Talk to the prosecutor who is handling the case to get some answers to your questions.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Does the accused have an attorney. If so sit down with the attorney and tell them they have mental health issues or an intellectual disability. The accused would need to be examined by a forensic psychologist. As far as a grand jury goes, the Commonwealth prosecutors will present them evidence to see if there is sufficient evidence to bring the case to trial. If the case has gone to grand jury, the accused absolutely needs a a defense attorney.