Will My Child Be Able to Understand the Legal Process, and What Happens If He Is Struggling?
If your child with special needs is facing criminal charges in Rhode Island, you may be worried about whether they will be able to understand the legal process. The legal system can be complex and overwhelming for anyone, and it can be even harder for someone with special needs. It's important to know that there are protections in place to help ensure that your child is treated fairly and that they fully understand what is happening.
At our Rhode Island criminal defense law firm, we are dedicated to making sure that your child's rights are protected, and that they are comfortable and informed every step of the way.
Your child may be legally an adult, and facing adult criminal charges - but we believe that a team approach is best to make sure that he is understanding every single important facet of the legal process.
What is Competency to Stand Trial?
In Rhode Island, as in every state, a person must be competent to stand trial. This means that they must be able to understand the charges against them and be able to help their attorney in their defense. If someone does not understand what is happening in court or cannot participate in their defense, they may be considered incompetent to stand trial.
This is an important legal concept. The court must make sure that your child fully understands their rights and the legal process, and that they are able to work with their attorney to make decisions about the case. If your child is struggling to understand the legal process, it may be necessary for a court hearing to evaluate their competency. Years ago, this involved being locked up to effectuate the evaluation. Our attorneys have close relationships with the treatment providers that engage in these evaluations on an out-patient level. We can walk you and your loved one through this evaluation.
What Happens If My Child Struggles to Understand the Legal Process?
If your child is found competent, but is having difficulty understanding the legal process, there are steps that can be taken to help. This might include having a mental health professional or psychologist evaluate your child to determine if they are eligible for certain accommodations during the legal process. For example, the court might offer extra support such as using simpler language, providing visual aids, or having a support person present to explain things. We have used creative solutions such as requesting additional time for decisions, and allowing a more private and quiet space to have important conversations.
How Can a Good Lawyer Help?
A good attorney will make sure that your child's rights are respected and that they have the support they need to understand the legal process. Our attorneys have years of experience working with individuals who have special needs. We know how to handle these cases carefully, and we will make sure that your child is treated with respect and dignity.
We can work with mental health professionals and other experts to ensure that your child is competent to stand trial. We will also make sure that any accommodations are in place so your child can understand the charges, the legal process, and what is happening in court. It's important to us that your child is comfortable, informed, and fully able to participate in their defense. We love to work with families, but it is CRUCIAL that the person charged with the offense is the one making the final decisions. We will check in every step of the way to make sure that this is happening.
What Accommodations Can Help My Child?
There are many ways that a good attorney can ensure your child is properly supported in the legal process. Some examples of accommodations include:
- Using simpler language: We will ensure that the court and everyone involved in your child's case uses language that your child can understand.
- Providing visual aids: Diagrams, charts, or other tools may help your child better understand the situation.
- Extra time: We can request extra time for your child to process information, ask questions, or make decisions.
- Support people: We can request that trusted family members or specialists be involved in the process to explain things in a way your child can understand.
We Put Your Child First
Our attorneys have unmatched experience in handling cases involving individuals with special needs. We are committed to ensuring that your child is fully informed, supported, and comfortable throughout the entire legal process. Your child's understanding and well-being are our top priority, and we will fight to make sure they are given every opportunity to have a fair trial and a chance to fully participate in their defense.
If you're worried about whether your child will be able to understand the legal process or if they are struggling, contact us today. We'll provide the guidance, care, and legal support necessary to make sure your child is treated fairly, and that they fully understand what's happening in their case. Together, we will work to protect their rights and ensure the best possible outcome.
