A Murphy conservatorship is an agreement specifically designed for criminal defendants. If a Murphy conservatorship is approved, a defendant is found incompetent to stand trial. At this point, the defendant may be able to avoid jail or prison time.
Simmrin Law Group understands all aspects of Murphy conservatorships in California. For more information, reach out to our Murphy conservatorships lawyer. From here, we can review your criminal case and determine if a Murphy conservatorship may be beneficial.
Criteria for Murphy Conservatorships
To establish a Murphy conservatorship, a defendant must be found to be mentally incompetent in accordance with California Penal Code §1370. The defendant must also meet various criteria, including:
- The defendant has a felony charge against them in which this individual harmed, killed, or is a serious threat to someone else.
- The defendant is dealing with a mental health disorder that impacts their ability to understand the nature and purpose of any legal proceedings.
- The defendant is a threat to themselves and others due to a mental health disorder.
A Murphy conservatorships lawyer can look at your criminal case and your eligibility for a conservatorship. In addition, the attorney can review the California Penal Code in conjunction with your case. If you can benefit from a Murphy conservatorship, your attorney can help you initiate the process to apply for one.
Steps Required to Get a Murphy Conservatorship
There is a standard process for Murphy conservatorships in California. This process consists of the following steps:
- Reach out to the Office of the Public Guardian. This allows you to discuss your request for getting a Murphy conservatorship and determine if you meet all of the criteria required to receive one.
- Receive a court referral. A Murphy conservatorships lawyer in California can advocate for you and find out if the court can give you a referral. If so, the referral is sent to the Office of the Public Guardian.
- Complete an investigation. The court will order an investigation that the Office of the Public Guardian completes. Following the investigation, the Office of the Public Guardian determines if a Murphy conservatorship will be established.
If you qualify for a Murphy conservatorship, the Office of the Public Guardian will make sure you receive any required mental health services. This office will ensure you receive mental health treatments in alignment with your conservatorship. The office is available to respond to any concerns or questions you have regarding your conservatorship as well.
What to Expect if a Murphy Conservatorship Gets Approved
In a Murphy conservatorship, you may be placed in a mental health facility. This allows you to receive care from qualified mental health professionals. The conservator, in your case, will hold this role for one year.
During your conservatorship, you lose decision-making power over your mental health treatment. The conservator makes all medical decisions for you. Meanwhile, your conservatorship remains in place until you are deemed to be mentally competent once again.
A Murphy conservatorships attorney in California can explain everything that goes into a conservatorship. Your lawyer may consider requesting a Murphy conservatorship so you can avoid a lengthy jail or prison sentence. On the other hand, your attorney may consider other legal options in the hopes of getting any criminal charges against you dismissed or reduced.
How a Murphy Conservatorships Lawyer Reviews a Criminal Case
Your lawyer will examine your criminal charges and consider evidence surrounding your mental health. For example, your lawyer may request copies of medical documents to verify you have been diagnosed with a mental health disorder. These documents may be used as evidence to compel a court to initiate an investigation that may lead to a Murphy conservatorship.
There can be instances where a defendant is innocent, but the court is trying to move forward with a Murphy conservatorship. In these instances, a Murphy conservatorship lawyer can argue on the defendant’s behalf. The attorney can present evidence intended to help the defendant move past their criminal charges.
If you are involved in a criminal case and dealing with a mental health disorder, it can be beneficial to meet with a Murphy conservatorships lawyer. The meeting lets you share details about your case with an attorney. Then, you and your lawyer can work together to craft a comprehensive legal strategy.
Why You Should Get Legal Help from a Murphy Conservatorships Lawyer
A criminal defense lawyer that has experience with Murphy conservatorships offers legal help in several areas, including:
- Criminal Law: Your attorney can teach you about the California Penal Code and other relevant legal statutes.
- Trial Preparation: Your lawyer can provide you with details about the legal system and what can happen during your trial.
- Legal Guidance: Your attorney can offer tips and recommendations to ensure you can navigate the legal process with precision and care.
The best Murphy conservatorships attorney keeps their client’s best interests top of mind. This lawyer allocates as much time as needed to understand their client’s case. Also, the attorney keeps the lines of communication open with their client and positions this individual for legal success.
How to Choose the Right Murphy Conservatorships Attorney
Do not rush through the process of finding a criminal defense lawyer. Instead, give your search for the ideal lawyer the attention it deserves. Look for an attorney who:
- Responds to any legal concerns and questions you have
- Takes your legal requests seriously
- Gathers evidence to support your case
- Looks for witnesses that can testify on your behalf
- Works diligently to help you achieve the optimal case results
You can set up a date and time to meet with a lawyer to discuss your case. When you do, you can get insights into the attorney’s legal experience and expertise. This can help you make an informed decision on whether an attorney can fulfill your legal requests.
Get in Touch with a Murphy Conservatorships Lawyer
Simmrin Law Group is a California law firm that has plenty of experience with Murphy conservatorships. To learn more or request a free case evaluation, please contact us today.