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Can a defendant who has been adjudged incompetent be kept in a federal prison indefinitely?
Rdavidhaas
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If i were committed to a mental institution can I own a firearm in NH?
In general, no. A person that has been adjudged to be metally incompetent may not possess a firearm anywhere in the US. This is governed under Federal law. If a court has determined that the person is no longer mentally incompetent, you may petition for restoration of firearm rights. You need to consult a NH attorney on this.
Can you own or purchase a firearm in Missouri if you are mentally ill?
The Federal Gun Control Act of 1968 prohibits ownership of firearms by anyone who has been adjudged mentally incompetent. Unfortunately, that excludes a lot of folks who shouldn't have guns, and the Federal statute isn't enforced much on an individual level.
What laws prevent you from owning a firearm in California?
Both Federal and State laws prohibit you from possessinga firearm if you are a convicted felon, have been convicted of domestic violence, are a fugitive, under indictment for a felony, have been adjudged mentally incompetent, dishonorably discharged from the military, drug addict, or are an illegal alien.
Can you own a gun if you're on anxiety medication?
You may not POSSESS a firearm if you have been adjudged mentally incompetent. That is Federal law, applies in all US states. Now, let's set that aside for a moment- if you need to take medication to control anxiety, owning a gun may not be a good idea. You should discuss this with YOUR doctor.
How are federal criminal defense lawyers hired?
Federal criminal defense lawyers are either appointed by the federal court or hired by the defendant. If a defendant cannot afford an attorney, the federal court will appoint a federal criminal defense lawyer and pay that lawyer in accordance with the Criminal Justice Act and now-a-days from federal defender organizations. A federal criminal defense lawyer hired by the defendant can be selected based on whatever the defendant prefers, though a lawyer with experience in criminal cases on the federal level are typically most sought after.
Why was impeachment made a part of the constitution?
To allow the orderly removal of federal officials who were incompetent / corrupt / criminal.
Can someone baker acted buy a gun?
Assuming you mean the Florida statute that provides for involuntary psychiatric examination, answer would be maybe. Federal law (18 US Code 922) provides that a person that has been adjudged mentally incompetent may not possess a firearm. The Baker Act deals with matters BEFORE any adjudgement would occur. Check with the Florida State Police for a definitive answer on YOUR circumstances.
Can you own a gun if mentally ill in Alabama?
If a person has been ADJUDGED to be MENTALLY INCOMPETENT, then by Federal law, they may not possess a firearm anywhere in the US. This means that a court has found that the person is not capable of caring for themselves, is an imminent danger to themselves or others, or is not capable of acting in a rational manner. There is a difference between that, and simple "mental illness", just as there is a difference between having a cold, and having cancer.
What is the time limit for a defendant to answer a complaint in a federal tort suit?
Typically, a defendant in a federal tort suit has 21 days to respond to the complaint after being served with the lawsuit. This period may vary depending on the specific rules of the court where the case is filed. It is important for the defendant to meet this deadline to avoid default judgment.
Do you go to federal prison or state prison for murder?
Under most circumstances, murder would be tried in a state court; if the defendant is in the military, it may be tried in a military court (federal). If the crime was committed as part of another federal crime or on federal property, the case would appear before a federal court.Under certain circumstances, the defendant (and only the defendant) has the option to exercise federal courts' removal jurisdiction to move his or her case from state to federal court (as outlined in 28 U.S.C. § 1441).
The Defendant has removed the case to Federal Court and filed an Answer?
Once a case is removed to Federal Court, the parties will proceed with the litigation in the federal forum. The Defendant's filing of an Answer indicates that they are responding to the allegations raised in the complaint and presenting their defense to the claims asserted by the Plaintiff. Both parties will continue to engage in the legal process as the case moves forward in Federal Court.
What kind of prosecution allows the same defendant to be tried in both state and federal courts?
courts
