The issue of the defendant's competency to stand trial may be raised at any time if the defendant seems to be suffering from a mental illness. A defendant's competency to stand trial is usually an issue raised by defense counsel with a motion. However, the issue may also be raised by the prosecution or by the court.

A defendant must be able to communicate with his attorney. A defendant must also understand charges against him. Only a mental disease or a mental defect can prevent someone from being found competent to stand trial.

Competency Process

The finding that a defendant is incompetent to stand trial follows a process based on state law. Generally the process includes:

  1. The judge, prosecutor or defense counsel raises a doubt about a defendant's competency to stand trial
  2. The court orders a competency evaluation
  3. An examiner evaluates the defendant and presents her findings to the court
  4. The judge makes a ruling on the defendant's competency based on the examiner's evaluation

If a defendant isn't competent to stand trial, he is sent to a psychiatric facility until he is found competent to stand trial. The time period in a facility is usually limited to a year. Usually a defendant is reevaluated every few months.

Competency to Stand Trial Evaluation

A competency to stand trial evaluation should cover both of the following issues:

  • The defendant's ability to understand the charges
  • The defendant's ability to assist in his defense

Evidence of Incompetency

The following evidence may signal the need for further checking into the matter of defendant's competency to stand trial:

  • Defendant's irrational behavior
  • Defendants questionable conduct at trial
  • Prior medical opinion about defendant's competence to stand trial

Reversing Convictions

Generally, a conviction must be reversed if a court doesn't order a competency evaluation when there was evidence that raised the issue. However, some courts allow evaluations after a conviction.

Dismissing Charges

If it isn't very likely that the defendant will be competent to stand trial in the near future, the charges against him are dismissed. He would then be committed to a psychiatric facility by civil procedure or by a guardian.

Questions for Your Attorney

  • Can a defendant raise the incompetent to stand trial issue?
  • What type of evidence is needed to prove a defendant is incompetent to stand trial?
  • Must a defendant be hospitalized after a court finds he is incompetent to stand trial? For how long must the defendant be hospitalized?