In this episode, Steve Price interviews Robert Linville, Attorney at Law. Mr. Linville has been a practicing attorney in New York State for many years. He is a graduate of Columbia Law School and has worked as a private attorney, a public defender, and for several state and international agencies. He is a committed and staunch advocate for his clients. Overview of civil procedural law regarding competency and restoration: Following a finding of incapacitation, misdemeanor defendants are sent to a civil psychiatric facility and simultaneously the accusatory instrument is dismissed. It is up to the evaluating doctors at the hospital to decide whether the person is admitted or released back into the community. That is, there is no court order demanding that the individual be admitted--at least in New York. Defendants charged with a felony are almost always sent to a secure forensic facility for restoration. With felonies, we have the complicating factor of indictment. If a defendant is se
