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When a defendant is incapable of understanding of understanding the nature of the proceedings he will be declared?
Wiki User
∙ 7y ago
Incompetent to stand trial.
Wiki User
∙ 11y ago
incompetent to stand trial. This determination is typically made by a judge based on evaluations conducted by mental health professionals. If a defendant is deemed incompetent, they may be committed to a mental health facility for treatment until they are deemed competent to proceed with the legal proceedings.
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When the defendant is incapable of understanding the nature of charges and proceedings he will be declared?
Incompetent to stand trial.
What does it mean when a defendant declared indigent?
When a defendant is declared indigent, it means that the defendant doesn't have any assets with which to hire a lawyer or another form of legal representation and so the defendant is entitled to free legal representation.
Legal proceedings that deal with the concerns of those who declared insolvency are held in?
bankruptcy court
What did the defendant in the Oklahoma bombing case declared about the victims rights clarification act?
that it was unconstitutional.
How do you collect a Civil Court judgment if the defendant declared bankruptcy?
If the defendant declared bankruptcy, you may need to file a claim with the bankruptcy court to try and recover the debt owed to you. However, your ability to collect on the judgment may be limited depending on the type of bankruptcy and the specific circumstances of the case. It's advisable to seek legal counsel to understand your options and rights in this situation.
What type of tort can an accused person initiate if criminal proceedings end in favor of the accused person?
According to the Torts Personal Injury Litigation 4thed by William Statsky textbook on pg 134 It says that an accused person can file a Malicious Prosecution Tort when the proceedings end in their favor.Added: Despite common misconception by the public to the contrary, a defendant in a criminal trial is NEVER declared "innocent" of the charge, they are simply found 'not guilty." Therefore a criminal trial can never truly be said to end in the defendant's "favor."If you were found 'not guilty'and you believe that you have sufficient evidence to prove that a civil wrong was committed against you by either the victim/complainant and/or the state itself, you may file suit against either or both at your discretion.
Is a cosigner still responsible for the car loan if they are declared incompetent?
The laws which define incompetency vary greatly from state-to-state. However, the competency issue would only be applicable if the person was proved to have been incapable of understanding the agreement when it was initially made. If the person was judged incompetent after the agreement, the contract in most cases will be deemed legally binding.
How many people lived in brook farm?
None. Since bankruptcy proceedings were completed in 1847, it has become a cemetery. The farm was declared a National Historic Landmark in 1965.
How many people live in Brook Farm MA?
None. Since bankruptcy proceedings were completed in 1847, it has become a cemetery. The farm was declared a National Historic Landmark in 1965.
Has St. John of the Cross been declared a Doctor of the Church?
Yes, St. John of the Cross was declared a Doctor of the Church by Pope Pius XI in 1926 for his profound theological and mystical writings that have contributed significantly to Christian spiritual growth and understanding.
At what age can a person sue another?
You should be able to sue at any age. (just saying) In the United States, and countries which use English Common Law as the basis for their Civil court system, you must be at least legal age to sue. In the U.S.A., that means 18 years of age to be named as either the plaintiff or defendant in a suit, or you must be an emancipated minor (i.e. a court-declared "adult" under 18). You must also be "competent", which means you cannot currently be a ward of the state or declared mentally incapable. The legal guardian for a minor or incompetent adult may, however, sue (or be sued) on behave of the person they are guardian for.
If a jury has a reasonable doubt what would happen to the defendant?
If any member of a jury has a legitimate and reasonable doubt about whether or not the defendant committed the crime that they are being accused of, they have a responsibility to vote for a verdict of "Not Guilty". However, jurors are still human first and foremost and as such, sometimes have varying opinions as to what actually constitutes a "reasonable doubt" and sometimes this will result in what is known as a "Hung-Jury" or result in the proceedings being declared as a mistrial and having them started anew. Additionally, while it is not widely publicized, members of the jury also accept a responsibility for taking on the rule of law. In cases where the laws seem too vague, convoluted or blatantly unconstitutional, the jury member has a civic responsibility to strike down the law.
