Criminal Law Topic: Due Process

When the DHS fails to meet the 72-hour notice requirement and a court dismisses the revocation petition, the DHS can immediately refile without physically releasing the NGI committee from custody, so long as it complies with the 72-hour requirement on the new petition.

Circuit courts may order involuntary medication to restore trial competency when the Sell factors and statutory requirements are met, and appellate courts must defer to factual findings unless clearly erroneous.

If you plead guilty to some charges but enter a deferred judgment agreement on another count in the same case, you cannot appeal the convictions until that deferred count is fully resolved by dismissal or conviction.