Motion for Psychiatric Examination of Defendant

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State:
Multi-State
Control #:
US-00802
Format:
Word; 
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Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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FAQ

It becomes one of the factors a judge considers when deciding a case. If either party objects to the report, they can question the evaluator during a trial. In addition, they can ask other mental health professionals to testify during the trial about any issues they see with the report.

A psychiatric evaluation is a diagnostic tool employed by a psychiatrist. It may be used to diagnose problems with memory, thought processes, and behaviors. Diagnoses can include depression, schizophrenia, anxiety, bipolar disorder, and addiction.

A psychological assessment is a structured series of interviews, standardized tests, and questionnaires designed to evaluate strengths and weaknesses in several areas. These tests may identify, for example, learning styles and social-emotional patterns of functioning.

In the evaluation process, a mental health evaluator reviews the case and history of an individual to see if he or she has any medical or criminal records previously. The process involves series of questions like how and why the incident happen. If they know about the charges and how it can affect their lives.

Listen to Your Lawyer. Eric Audras/Getty Images. Be Aware of the Evaluator's Role. The evaluator is an independent expert. Be Honest. Prepare for Your Meeting. Make a Good Impression. Have a Positive Attitude. Stick to Parenting Issues. Cooperate.

In order for CPS to become involved, there must have been an allegation of child abuse or neglect. Can CPS force you to undergo a mental health evaluation? No, they can't actually force you to do that. You can refuse.

Children may be referred for a psychological assessment for a variety of reasons. Among other things, they may be depressed or anxious, have attention or behavior problems at home or in school, be subjected to bullying, or have a learning disorder.

You can always lie to people in the psychological field. Some assessments have qualifiers written into them to detect when someone is lying, so you may or may not get caught depending on the assessment.

Unless you challenge the evaluator - assuming that there is a legitimate, substantive basis to do so - the court will never know the problems with or deficiencies in the report and may rightfully assume that there are no problems or deficiencies. Thus, the burden is on the litigant to prove, argue and persuade.

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Motion for Psychiatric Examination of Defendant