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Criminal

Feb. 6, 2023

Will Tom Girardi ever face a sentencing judge?

At any time after the commencement of the case, either the defendant, the prosecutor, or the court on its own motion may move for a hearing if there is reasonable cause to believe that the defendant is suffering from mental disease or defect which renders him or her unable to understand the nature and consequences of the proceedings or to properly assist in his or her defense. Once the motion is made, it triggers a sequence of additional procedures.

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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The multi-jurisdictional federal indictments against Tom Girardi, the disbarred personal injury attorney, make powerful accusations of theft from clients' trust funds. The charges carry long potential terms of imprisonment. If, however, Defendant Girardi is found not competent to stand trial, then will he ever face a jury and the risk of a long-term imprisonment from a sentencing judge?

The media has reported that Mr. Girardi suffers from ...

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