When a 15 year old is charged as an adult is a psychological evaluation mandatory?

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1. Licensed in NY

   

   Joseph Lo Piccolo

   Garden City Criminal Defense Attorney

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   Answered June 02, 2012 18:07. A psych eval is not mandatory. It is up to the defense attorney to request it or the judge to order it upon request or if he feels it is needed.
   Appeals attorneys are like regular attorneys, good and bad. See what he/she says and hire your own if you need to.

   I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... moreI am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed. less

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2. Licensed in NY

   

   Richard Southard

   New York Criminal Defense Attorney

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   Answered June 02, 2012 18:48. It is not mandatory. His attorney has to request one

   All answers are for information purposes only. Answering this question or any future questions does not form any... moreAll answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com less

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3. Licensed in NY

   

   Benjamin Lieberman

   New York Criminal Defense Attorney

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   Answered June 02, 2012 20:06. No the exam isn't mandatory (especially if the court isn't aware of any condition). The lawyer should have known about it, requested an exam and used the condition as effectively as s/he could have in the defense. Generally an appeal is limited to what is in the record and new evidence isnt permitted. However, it sounds like you/your son have a good grounds for ineffective assistance of counsel and these issues should be fully explored with the appeals attorney.

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   Paul Bauer

   Pottstown Criminal Defense Attorney

   Contributor Level 9

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   Answered June 02, 2012 19:09. I agree with the other attorneys that a psychiatric evaluation is not needed, but I cannot see how an attorney who was representing your son could do so effectively without requesting one. I suggest you hire a private attorney as soon as possible.
   
   Paul A. Bauer, III
   PA Attorney

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