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The premier nationally-respected criminal and civil defense law firm of Charles Jerome Ware, LLC is Maryland-based and recognized by its many satisfied clients as well as its legal peers as one of the top trial law firms in the United States. For an initial courtesy consultation, contact the firm at (410) 720-6129.
Regardless of whether it is the insanity plea, allegations of impairment or incompetence, or diminished capacity, mental health issues permeate the justice system. These issues can affect the defendant at the time of arrest, in bail decisions, during the trial, as well as at sentencing.
The number of persons with mental illness in United States jails continues to grow astronomically. It is estimated that currently the prevalence of active serious mental illness among inmates admitted in Maryland and other jails throughout the United States is over twenty percent. Besides their various mental illnesses, a very high number of these persons have a concomitant or co-occurring alcohol and/or drug use disorder.
Defense attorneys and other criminal justice professionals as well as mental health professionals and advocates have for years called for diversion efforts to connect those offenders with mental illnesses to community-based services to disconnect their continued cycling through the vastly-overcrowded criminal justice system. In reality, instead of expensive and underproductive
warehousing, many of these individuals would be better-served with improved and expanded mental health facilities and substance abuse treatment systems.
Code of Maryland, Criminal Procedure, Title 3, contains Maryland law and procedure concerning the processes for assessing competence of individuals to stand trial, etc.
Competency to stand trial is a concept of law and jurisprudence which facilitates the postponement
and/or decision-making of criminal proceedings for those defendants who are unable (lack the full mental capacity) to properly participate in their defense on account of their mental or physical order, or mental retardation. The issues involved with a competency determination are highly complex and complicated. High levels of clinical knowledge and skills by the evaluating professional, as well as considerable knowledge of the legal system, are necessary.
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