A Virginia Motion for Psychiatric Examination of Defendant is a legal process where the defense requests the court to order a mental health evaluation of the defendant in a criminal case. This motion is typically filed by the defense attorney to support their claim that the defendant's mental state is relevant to their ability to stand trial or to establish an insanity defense. In Virginia, there are several types of motions related to psychiatric examinations of defendants, each serving different purposes in the criminal justice system. These motions may include: 1. Motion for Competency Evaluation: This motion seeks a psychiatric examination to determine if the defendant is mentally competent to stand trial. It aims to assess whether the defendant understands the charges against them and can assist with their defense. 2. Motion for Sanity Evaluation: This motion requests a psychiatric examination to determine the defendant's mental state at the time of the alleged offense. It helps establish whether the defendant had the capacity to appreciate the nature and consequences of their actions and whether they had the ability to conform their behavior to the law. 3. Motion for Presenting Mental Health Evaluation: This motion advocates for a psychiatric examination to assess the defendant's mental health before sentencing. It provides valuable insights into any mental health disorders, such as mental illnesses or conditions that may affect factors like sentence recommendations or treatment options. In filing any of these motions, defense attorneys must provide strong justifications supported by relevant case law and substantial evidence demonstrating the need for a psychiatric examination. The motion should specify the particular type of evaluation sought and the names of qualified mental health professionals or facilities recommended conducting the examination. The court will review the motion, considering factors like the seriousness of the charges, the defendant's prior mental health history, and any other relevant circumstances. If the court grants the motion, it will issue an order directing the defendant to undergo a psychiatric examination by a designated professional or facility. In conclusion, a Virginia Motion for Psychiatric Examination of Defendant is a legal tool enabling the defense to request a mental health evaluation of the defendant in a criminal case. It encompasses different types of motions depending on the purpose, such as competency evaluations, sanity evaluations, and presenting mental health evaluations. Each motion serves a distinct purpose in assessing the defendant's mental state at various stages of the criminal justice process.
Virginia Motion for Psychiatric Examination of Defendant
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The court shall require the attorney for the defendant to provide any available psychiatric records and other information that is deemed relevant. The court shall require that information be provided to the evaluator within 96 hours of the issuance of the court order pursuant to this section. D.
-- If, at any time before trial, the court finds, upon hearing evidence or representations of counsel for the defendant, that there is probable cause to believe that the defendant's sanity will be a significant factor in his defense and that the defendant is financially unable to pay for expert assistance, the court ...
§ 19.2-167. Accused not to be tried while insane or feebleminded. No person shall, while he is insane or feebleminded, be tried for a criminal offense.
Judge shall require examination under § 19.2-300; by whom made; report; expenses of psychiatrist. The judge shall order the defendant examined by at least one psychiatrist or clinical psychologist who is qualified by specialized training and experience to perform such evaluations.
In any case in which a person charged with a crime intends (i) to put in issue his sanity at the time of the crime charged and (ii) to present testimony of an expert to support his claim on this issue at his trial, he, or his counsel, shall give notice in writing to the attorney for the Commonwealth, at least 60 days ...
Motion to strike defensive pleading in equity and at law; exceptions abolished. Exceptions to answers for insufficiency are abolished.
Satisfaction and discharge of assault and similar charges.