Frequently Asked Questions
When do I retain a forensic psychologist? What is involved and how long does an exam take? Common attorney questions and answers.
Frequently Asked Questions
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What is forensic psychology?
The word “forensic” comes from the Latin word “forensis,” meaning “of the forum,” where the law courts of ancient Rome were held.
Today, a forensic psychologist may be sought when there is an adversarial criminal or civil process where scientists with specialized knowledge play a role and offer their expert opinion on psychological matters.
Forensic psychologists should have a comprehensive understanding of the legal system. Understanding statutory and case law and utilizing research-based evaluation tools that meet legal standards is the foundational bedrock of forensic assessments.
Forensic psychologists typically conduct forensic psychological assessments and write forensic reports that answer psycho-legal questions. For example,
- “Was the defendant insane at the time he committed the crime?”
- “Is the defendant competent to stand trial?”
- “Does this defendant show sexual deviance and is he a risk to reoffend?”
Forensic psychologists also provided expert testimony in court after evaluating a client or defendant. Providing expert testimony as a “teaching expert,” is yet another role a forensic psychologist can play in the courtroom. As a “teaching expert,” they educate the trier of fact (i.e., judge or jury) about a specialized area of knowledge without having evaluated the defendant. For example, education regarding
- Adverse childhood experiences (ACES) and other mitigating factors
- Adolescent brain development & it’s impact on Sexual Deviance, paraphilic disorders (e.g., pedophilic disorder)
How long does it take to complete a case?
How do I know if my client would benefit from a forensic evaluation?
A forensic assessment is conducted either at the request of an attorney or by court order. The purpose of a forensic assessment is to determine the facts under question in a legal matter such as a lawsuit or a criminal case.
Some common legal questions that forensic psychologists answer include:
- Insanity (mental status of defendant at the time of the commission of the crime)
- Competency (mental condition of the defendant at the time of the trial)
- Sentencing recommendations
- Mental health diversion
- Franklin/youthful offender evaluations
- Violence risk assessment
- Sex offender risk assessment
- Juvenile delinquency
- Conservatorship
- Decisional capacity
- Testamentary capacity
- Undue influence
A forensic evaluation can help address forensic questions such as:
“My client committed a crime and was mentally ill at the time, but does not qualify for an insanity defense. What other defense options do we have?”
- Mental Health Diversion – Penal Code 1001.36
- Psychological Mitigation
- Diminished Actuality
“My client was arrested for a sex offense. The evidence shows that he did not show sexual intent during the alleged offense. How do we show the court that he does not have sexual deviance or have a paraphilic disorder?”
- Psychosexual Evaluation
- Stoll Evaluation
Forensic psychologists typically conduct forensic psychological assessments and write forensic reports that answer psycho-legal questions. For example,
- “Was the defendant insane at the time he committed the crime?”
- “Is the defendant competent to stand trial?”
- “Does this defendant show sexual deviance and is he a risk to reoffend?”
- “Did the plaintiff suffer psychological harm as a result of the injury or traumatic event?”
- “Is there evidence that the plaintiff had a pre-existing psychological condition, and how does that factor into the current symptoms?”
How much does an evaluation or consultation cost?
For private attorneys and public agencies such as public defenders and district attorney offices, we have a retainer agreement and fee schedule.
Upon contacting our office, we can send the retainer agreement and fee schedule for your review.
Depending on the type of evaluation and the number of records to be reviewed, we will provide you with an estimate on the number of hours we believe your case will take to complete.
When and where are evaluations conducted?
Evaluations are conducted both in and out of custody. For in custody clients, we travel to the jail, prison, or hospital to evaluate your client. For out of custody clients, we meet with them at our office in Orange County, Los Angeles or San Diego or we also offer secure remote video evaluations.
How do I get started on services?
Dr. Vorwerk will speak to you about your case and walk you through the steps of retaining our services.
If you have questions about whether or not we can assist in your case, you can schedule a free 20-minute telephone case consultation. You may contact us using the form below or by calling or texting Dr. Vorwerk directly at (949) 892-9800.