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[DerailAmnesty.com]

Davi, they don't know if he's incompetent; that's why they have to get him examined by the shrink.

A defendant isn't "charged" with being incompetent. It's a status or condition, if found to be present, that will interrupt the prosecution. It's not a criminal law violation or offense.

Lawyers are not mental health experts. We can guess and be pretty sure, but the judge's, prosecutor's and defense attorney's opinions in this case are lay opinions regarding emotional and/or psychological problems.

I've been in this situation twice. I believed my clients were mentally unfit to stand trial. The court is not going to take a lawyer's word for it based upon observations, anymore than a judge can make that determination (without the input of an expert). Maldonado should be checked out by at least two doctors (they commonly disagree in determining competency).

He's been released (I assume on bond) b/c (with the bond in place) they deem him to be not dangerous to the public and unlikely to flee the jurisdiction. However, if he won't do what is necessary to move the matter along (go see the doctor) then they can guarantee he'll see him if he's taken into custody. Making a doctor visit a condition of his release is completely justified in this matter.