Not Guilty by means of Incompetence

K

KconleyK15

Guest
Jurisdiction
Maryland
What is the name of your state (only U.S. law)? Maryland

Won't go into the back story, I have other posts on here if needed for that.

My Ex got two dui's in three months, one she got off Nolle Prosse because it was deemed an illegal traffic stop. The other she pleaded "Not Guilty By Means of Incompetence", according to case search a week before the trial something was filed with the term NCR next to it. The case is still Active.


Any idea what she could be claiming? She has a mental illness and couldn't understand her actions were wrong? Admitting she has an alcohol issue and needs medical help?

Just curious as we have a child custody matter at hand, and obviously if any of the above is true, it's a big deal for the safety of my child.
 
I'm guessing you read the online docket and found a brief entry about the filing.

To find out what she is "claiming" I suggest you visit the courthouse and get a copy of what she is claiming.

Or, sit in on her trial.
 
NCR is your basic insanity or mentally incompetent plea. The person did what they are accused of doing, but is claiming they should not be held responsible because they couldn't help it. Alcoholism would not be a defense here, but mental illness could be. In MD this defense must be asserted ahead of time, so no Perry Mason moments where the defendant waits until the eve or day of the trial to plead NCR. Those found to be NCR are typically released to the Department of Health and Mental Hygiene for inpatient treatment someplace like Spring Grove or Jessup.

I would have my attorney all over that and my tush would be in that court room.
 
ElleMD said:
NCR is your basic insanity or mentally incompetent plea. The person did what they are accused of doing, but is claiming they should not be held responsible because they couldn't help it. Alcoholism would not be a defense here, but mental illness could be. In MD this defense must be asserted ahead of time, so no Perry Mason moments where the defendant waits until the eve or day of the trial to plead NCR. Those found to be NCR are typically released to the Department of Health and Mental Hygiene for inpatient treatment someplace like Spring Grove or Jessup.

I would have my attorney all over that and my tush would be in that court room.
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Court was yesterday, on case search it looks like something was filed on 3/31. So maybe that's the NCR mental report?

Obviously if she is mentally ill she shouldn't be taken care of a child in my eyes
 
TaylorsDad said:
Obviously if she is mentally ill she shouldn't be taken care of a child in my eyes
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Mentally ill and not competent to stand trial may have two different legal meanings.

However, if she beats the DUI because of incompetency, you are welcome to petition the court for full custody and supervised visitation based on the courts findings in the criminal trial.
 
adjusterjack said:
Mentally ill and not competent to stand trial may have two different legal meanings.

However, if she beats the DUI because of incompetency, you are welcome to petition the court for full custody and supervised visitation based on the courts findings in the criminal trial.
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This isn't competent to stand trial from what I have gathered it's she is not competent about the action of drinking and driving?
 
The plea would have been filed, not the medical report. That would have been introduced in the trial. Has she been incarcerated leading up to the trial? If so, was she in Jessup/ Perkins (forensic psychiatric hospital)? Where is she now?

In any event, you need to get your attorney on this, like yesterday. If you do not have an attorney, you need one. This is not a DIY case.
 
Competency to stand trial is separate. One can be competent to stand trial, but not criminally responsible for the conduct of which they are accused. Are you sure this is a DUI?
 
ElleMD said:
The plea would have been filed, not the medical report. That would have been introduced in the trial. Has she been incarcerated leading up to the trial? If so, was she in Jessup/ Perkins (forensic psychiatric hospital)? Where is she now?

In any event, you need to get your attorney on this, like yesterday. If you do not have an attorney, you need one. This is not a DIY case.
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She has not been in jail and is not in jail after. My attorney is on it but said till the trial we can't get much info.
 
NCR evaluations are typically done in Jessup. It is not a usual defense to a DUI, which is why I question it. She doesn't have to be in custody prior, but many are. Not everyone who pleads NCR is placed in the custody of DHMH, but I believe there needs to be a hearing to determine if she can be released.
 
ElleMD said:
NCR evaluations are typically done in Jessup. It is not a usual defense to a DUI, which is why I question it. She doesn't have to be in custody prior, but many are. Not everyone who pleads NCR is placed in the custody of DHMH, but I believe there needs to be a hearing to determine if she can be released.
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Released from what? She is free right now, unless they said turn yourself in this weekend?
 

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