QUESTION
Why doesn’t he have a court date yet and why can't I find out any info on his incompetence application at this point?
Asked on May 19th, 2016 on Criminal Law - Oklahoma
More details to this question:
My brother is facing a murder 1 charge along with a few other felonies and he filed for temporary incompetence. He had the hearing for it and last I heard he was being evaluated by the jail doctors to be either approved or denied. I got told they only evaluated him for 21 days, yet it’s been 35-40 days and still no word. He doesn't have a scheduled court date, and I can't communicate with him due to insufficient funds and because he's under suicide watch. He has an attorney, but the attorney hasn't returned my calls yet. I really appreciate your answers.
1 ANSWER
Starting with the last point first, counsel often do not communicate with family members because there is no benefit to the defendant to do so. The time spent talking to family members, which often is limited to there is nothing counsel can tell them, at least not which advances the case for the defense, is time that should be spent on the defense of their relative. Hearing dates will be posted on oscn.net or odcr.com, depending on where the defendant is awaiting trial. As to why no new date as yet, the reasons can be many. There may be a report that is coming that is necessary before there is a new hearing. There may be some form of negotiations underway.
Answered on Jun 16th, 2016 at 6:57 AM