Skip to main content

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?

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

+ Read More

Attorney answers 4

Posted

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.

Posted

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

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

Posted

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. Legal questions can only be fully answered through consultation with an attorney to whom you give full and accurate details. Anything you post here is not confidential and is not protected by the attorney-client relationship. It is highly recommended that you seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting.

Posted

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 provide legal advice. Nothing on this site is intended to nor does it create an attorney-client relationship. The information contained herein does not constitute any type of guarantee, warranty, or prediction regarding the outcome of any specific case. Each case is unique and depends on the specific facts of that case. Never solely rely on the internet to determine your legal actions.

David Allen Brooks

David Allen Brooks

Posted

BTW, attorneys who handle many felony cases will know how to minimize the wait time from the court's declaration of incompetency until arrival at the hospital. There can sometimes be a very long wait while a sick person hangs out at the jail pending transportation. There are things that a lawyer can to make the system move faster.