Question
Betty is a 28-year-old woman with a history of severe psychiatric problems who has consistently refused to take her meds. She is charged with a
Betty is a 28-year-old woman with a history of severe psychiatric problems who has consistently refused to take her meds. She is charged with a misdemeanor offense of making threats against her neighbor and the punishment is 1 year in prison. Betty cannot make bail and is in jail. Over the course of the wait for trial no family comes to see her and her mental health deteriorates. The attorney doubts her competence to stand trial or plead guilty. The attorney also believes betty may have available dense because she uttered the threats believing her neighbor was the devil and the threats were to fend off the immediate mortal danger. betty instructs counsel not to raise the defense of insanity. The opposing counsel makes a plea offer to time served. A competency hearing would extend Bettys custody and lead to her civil commitment in a substandard state of mental health facilities if betty takes the plea she goes free.
What should the attorney do? should the attorney motify the court and opposing counsel of betty mental health?
Suppose betty insists on going to trial, can the attorney use the insanity defense.
Can counsel withdraw or terminate representation at this point.
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