Court Appointed Psychiatrist

Question: ”Can a judge legally request a defendant to be diagnosed by a court-appointed psychiatrist prior to a criminal trial, in order to establish whether the defendant can stand trial? If no, can the defendant refuse such a request? Further, does a defendant in a criminal case have the right of the content of text messages/ emails, to prove the alleged victim had fabricated the criminal case?”

Answer: To answer your first question, a judge may order an evaluation only after some sort of exhibition has caused him to call the person’s competency into question. Usually, it works to the defendant’s benefit. In regards to the content of emails or texts – an attorney can obtain that information for you.


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    Jesse P. Duran
    Lancaster, CA Attorney Jesse P. Duran is bilingual in both English and Spanish. He graduated from the California State University of Northridge (CSUN) with a bachelor’s degree in Business Administration, with an emphasis in Business Law. He continued his education at Pepperdine University School of Law in Malibu, California, graduating with his juris doctorate and passing the California Bar in 2006. After working in the District Attorney’s Office in Van Nuys, he went into private practice in ...

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