Virginia Code § 19.2-169.4 states that a defendant's incompetency does not prevent the court from addressing certain legal issues before trial, such as motions challenging the indictment. The law allows legal objections to be considered without the defendant's personal participation if appropriate.
No, a finding of incompetency does not prevent the court from considering motions such as challenging the indictment before trial.
Yes, the court can adjudicate certain legal objections without the defendant's personal participation if deemed appropriate.
Legal issues like the sufficiency of the indictment and similar objections that do not require the defendant's personal participation can be addressed.
This law was enacted in 1982, as part of Virginia's criminal procedure statutes.