What’s a Murphy Conservatorship If Someone Declares a Doubt?

When a defense attorney declares a doubt as to the ability of a defendant to understand the nature of the charges and participate meaningfully in his or her defense, proceedings are suspended until defendant is found competent to proceed. What if defendant is never returned to competency? What if defendant is in custody for the maximum time allowed as punishment for the crime? The case is then dismissed under Penal Code § 1382(a)(3), but is defendant then released from custody? Often, a Murphy conservatorship is ordered to supervise the defendant. What is a Murphy conservatorship? To read about this, please click on the following link.


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