Product Tag: Criminal Defense

Subjecting an incompetent defendant to a trial goes against the fundamental principle of due process by the 14th Amendment of the U.S. Constitution. To be declared as “incompetent to stand trial” one must not be able to assist in preparing for their defense. Document motions Defendant is incompetent to stand in the trial in a capital proceeding.

Motion to Decrease Defendant’s Offense Level Under U.S.S.G. 3B.1.2

Determining the competency of children to testify. Children 10 and older seem competent due to the ability to form just impressions of facts, children under 10 are seen as incompetent to testify as they are not able to form just impressions of facts.

MOTION TO DISCHARGE COMMUNITY SUPERVISION

Motion for the prosecution to disclose any prior information held by the sheriff’s office as well as the Department of Homeland Security so the Defense can properly and diligently prepare for a fair trial.

Motion to Disclose PC – Villa Munoz

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