questions & answers

Question: My daughter is incarcerated at the Mohave county jail and has been for three or so months. Her attorney filed a rule 11 in her case. What is that? And they are trying to find her incompentate to stand trail. She has a mental disorder and they have her on lock down 24 hours a day. I cant have visits with her at all. And they told me to call first and when I do they say yes she can have a visit but when I get there they (visiting receptionist) tells me sorry the pod or she is on lockdown. what can I do about this?

Answer: Yes, Rule 11 is the rule in the Arizona Rules of Criminal Procedure that relates to mental competency of a defendant to stand trial. She should be evaluated by a doctor to determine if she is mentally competent to stand trial and assist her attorney in her defense. She may be found incompetent and restorable (which means she can go through some treatment, medications, etc. to get her to a competent level) or she may be found incompetent and not restorable. In that case the prosecutor may dismiss the case, or seek to have her admitted into ASH (Arizona State Hospital) for a period of time. With respect to the jail visits, it is true that pods are often under lockdown due to a variety of issues. I would recommend that you continue to press for a visit and speak with a supervising Sgt. at the jail if necessary.