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Health Care & Hospital Law,
Criminal

Jun. 23, 2025

Involuntary medication and pretrial detainees: What the law says

Many clients with mental health challenges face struggles in criminal court, where expedited procedures -- including involuntary medication based on evaluator reports without a full evidentiary hearing -- are legally upheld to restore competence and ensure timely trial.

Dmitry Gorin

Partner
Eisner Gorin LLP

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Alan Eisner

Partner
Eisner Gorin LLP

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Robert Hill

Associate
Eisner Gorin LLP

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Involuntary medication and pretrial detainees: What the law says
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Many clients struggle with mental health issues, and the criminal court process provides avenues to avoid a conviction and punishment when the person is taking medication and complying with treatment. However, getting the person to accept a medication regiment may be a struggle. For some, delusions and paranoia impair their legal competence to participate in their case.

When a criminal defendant's mental competence to stand trial is called into doubt pu...

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