Arizona Laws 8-291.05. Misdemeanor charges; dismissal; notice
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A. If the court finds that a juvenile has been adjudicated incompetent to stand trial within the past year, the court may hold a hearing to dismiss any misdemeanor charge against the juvenile if the juvenile continues to be incompetent to stand trial. The court shall give ten days’ notice of the hearing to the prosecutor and the juvenile. On receipt of this notice, the prosecutor shall notify the victim of the hearing.
Terms Used In Arizona Laws 8-291.05
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Incompetent: means a juvenile who does not have sufficient present ability to consult with the juvenile's lawyer with a reasonable degree of rational understanding or who does not have a rational and factual understanding of the proceedings against the juvenile. See Arizona Laws 8-291
- Juvenile: means a person who is under eighteen years of age at the time the issue of competency is raised. See Arizona Laws 8-291
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. If a misdemeanor charge is dismissed pursuant to this section, the court may order the initiation of civil commitment proceedings or may appoint a guardian ad litem to proceed with a dependency investigation.