Criminal defense is tough
Criminal defense is tough. You can use insanity as a defense to a criminal charge. But for this you will need the assistance of an experienced criminal defense lawyer. Contact an experienced criminal defense attorney.After reviewing the facts and circumstances of your case and if insanity is a viable defense strategy in your case, a seasoned criminal defense law firm will help you collect the required evidence. The law firm will also arrange expert testimonial. The lawyer will fix up an appointment with a physiatrist. The psychiatrist will interview you once or even more. He or she will then review the circumstances of your crime and your past history. The prosecutor can, and usually will, request that the defendant be examined by a government psychiatrist.
An experienced criminal defense attorney will also review your case for other witnesses who can testify in support of your insanity pleas. Jurors generally disregard the report of medical experts who pronounce a person insane based on a conversation or two. The strongest evidence of insanity is often provided by friends and relatives who have known the defendant long enough to form a reliable opinion that the defendant is mentally ill.
A seasoned criminal defense law firm will establish your insanity in court. Defendants do have the burden of convincing a judge or jury of their insanity. Normally, the defendant's burden is to prove insanity only by a preponderance of the evidence, the lower burden of proof commonly used in civil cases. But sometimes the facts of the case may require a defendant to prove insanity by clear and convincing evidence, a burden of proof somewhere in between the lower preponderance and a reasonable doubt standards. You can also plead diminished capacity. It is a partial defense similar to insanity. Where it is allowed, diminished capacity can reduce the criminal responsibility of defendants whose acts are the result of mental defects that fall short of the legal definitions of insanity. The lawyer will review your circumstances and determine if you can lead diminished capacity.
A seasoned criminal defense lawyer understands that whether or not a defendant pleads insanity as a defense to criminal charges, an issue can arise as to a defendant's sanity at the time of trial. You cannot be put on trial if you are suffering from a mental disease that prevents her from understanding the proceedings and assisting in the preparation of the defense. In case you claim you are incompetent to stand trial, the judge will hold a hearing and take evidence concerning your current competence. The defendant must establish his or her incompetence to stand trial during this hearing by a preponderance of the evidence. If the judge decides that the defendant is mentally incompetent, the defendant will probably be placed in a mental institution until competency is reestablished. If you want to plead any of these defenses, contact an experienced criminal defense attorney immediately. The attorney will review your case and advise you on the use of such defense and the consequences.
An experienced criminal defense attorney will also review your case for other witnesses who can testify in support of your insanity pleas. Jurors generally disregard the report of medical experts who pronounce a person insane based on a conversation or two. The strongest evidence of insanity is often provided by friends and relatives who have known the defendant long enough to form a reliable opinion that the defendant is mentally ill.
A seasoned criminal defense law firm will establish your insanity in court. Defendants do have the burden of convincing a judge or jury of their insanity. Normally, the defendant's burden is to prove insanity only by a preponderance of the evidence, the lower burden of proof commonly used in civil cases. But sometimes the facts of the case may require a defendant to prove insanity by clear and convincing evidence, a burden of proof somewhere in between the lower preponderance and a reasonable doubt standards. You can also plead diminished capacity. It is a partial defense similar to insanity. Where it is allowed, diminished capacity can reduce the criminal responsibility of defendants whose acts are the result of mental defects that fall short of the legal definitions of insanity. The lawyer will review your circumstances and determine if you can lead diminished capacity.
A seasoned criminal defense lawyer understands that whether or not a defendant pleads insanity as a defense to criminal charges, an issue can arise as to a defendant's sanity at the time of trial. You cannot be put on trial if you are suffering from a mental disease that prevents her from understanding the proceedings and assisting in the preparation of the defense. In case you claim you are incompetent to stand trial, the judge will hold a hearing and take evidence concerning your current competence. The defendant must establish his or her incompetence to stand trial during this hearing by a preponderance of the evidence. If the judge decides that the defendant is mentally incompetent, the defendant will probably be placed in a mental institution until competency is reestablished. If you want to plead any of these defenses, contact an experienced criminal defense attorney immediately. The attorney will review your case and advise you on the use of such defense and the consequences.