If my son were to go to a state hospital because he was ordered by the judge to go, would that be considered sentencing time?

Asked 3 months ago - Walnut Creek, CA

My sons attorney told me the judge is sending him to Napa State hospital to get help and to make him competent so he understands the court proceedings and I'm guessing everything thats wrong with with him. He also has a mental health disorder and a learning disability. Once he is admitted to the state hospital does that count as time served? This is his first ever offense. The judge said he will give my son no more than 2 years for these charges pc212.5 , PC243 ,pc460, pc242, pc242. 2 years was on the table before the judge found him incompetent. Can they send him to a state hospital for 6 months then after he served 6 months in the hospital send him to state prison?? i don't think that would be fair. My son really had no clue of what he was doing to get all these charges

Attorney answers (4)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    2

    Lawyers agree

    Answered . These are questions that should be asked of your son's attorney. He has far more knowledge about the case than anyone on AVVO. I will revise your post so that criminal defense attorneys will see it.

  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . This question should be directed to your son's attorney.

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  3. Brian K Wanerman

    Contributor Level 17

    2

    Lawyers agree

    Answered . Commitment to the Department of State Hospitals for the purposes of restoring a defendant to competency to stand trial does not count as time served. You should confer with your son's attorney for a complete understanding of what is going on.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship.... more
  4. David Allen Brooks

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . A judge called time out in the criminal case because there was a finding made that your son is not competent to be a defendant. That means a mental disorder disease or defect caused him to not be able to assist in his defense. He will go to the Stare Hispital until his trial competence is restored, and thn will return to court to have his case resume.
    Hospital time counts towards any sentence but he does not get conduct credits in addition to actual time.
    Time at the hospital varies a lot, dependent on how the oatient responds to meds, classes, and counseling.
    The purpose is to to make the patient "well", only to become "competent".
    Not knowing what he is doing goes to a Not Guilty by Reason of Insanity defense. The legal standards are entirely different than incompetency. Insanity requires either not knowing the difference between right and wrong; or not understanding the nature of his actions.
    NGI plead are carefully considered because they can result in long term hospitalizations.
    For reading about incompetency proceedings, read the CA Penal Code starting at PC sec 1368.

    The content on this Web site is intended for informational purposes only. No part of this site is intended to... more
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