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Man arrested twice for same crime

Our government’s judicial and legal systems provide for people to both be tried for crimes they may have committed and to defend themselves against such charges. The world of criminal law includes many complexities and is ultimately focused on providing a safe environment for all Phoenix residents while simultaneously protecting the rights of those residents.

Prosecution of a defendant with mental health issues that face a criminal charge can be a particularly challenging area. If a specific person is deemed unable to stand trial, he or she is commonly ordered to seek treatment. The ideal goal of such treatment is to restore the person to a mental state in which a trial can be pursued. If such restoration is not possible, the person may remain in treatment.

A 41-year old man was arrested and charged with first degree murder in September of 2013. As part of his criminal defense, it was determined that he needed mental health treatment. After being released from treatment for one day, authorities re-arrested the man and charged him with the felony once again. Defense attorneys are currently arguing that the second arrest was not reasonable. The prosecution, however, asserts that arresting the man for a second time was the only way to ensure that he received the treatment that could determine his ultimate fitness for trial. The court has ruled that the man will not be able to be restored to competency within a given time period.

Such nuances can make any situation involving a criminal charge more complex than originally thought. Persons who have been arrested under criminal allegations may wish to get private defense help to avoid an inappropriate criminal conviction.

Source: AZCentral.com, “Cases raises issues in prosecuting mentally ill,” Sean Holstege, May 3, 2014

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