If a court releases a defendant on bail after a motion for competency, does not require any court supervision or treatment, then
Six months later, while the defendant is not in custody and not present at his Competency Hearing(at direction of his court appointed counsel), finds the defendant incompetent to proceed and enters an order committing the defendant.
The court takes no other action, allows court appointed counsel to withdraw, permits the continued release of the defendant without supervision. Years pass.
What is wrong with this scenario?
1 attorney answer
Well, there are a lot of things wrong with this scenario. The most obvious is that the court committed the defendant but permitted his continued release. Commitment usually means the defendant is going to be sent to the state hospital involuntarily. This typically happens pretty quickly after the commitment (within a few weeks). I also have concerns that the court allowed counsel to withdraw thereby leaving the defendant without counsel. I am not really sure what happened here or what result you are seeking.