What Happens When a Defendant Is Found Incompetent to Stand Trial in Florida?
Those accused of crimes in Florida have to have the mental capacity to take part in the criminal process against them. This means understanding the nature of the allegations and being able to participate in your own defense. When an individual is unable to understand what’s going on around them or assist their attorney, then there could be no normal continuation of the case.
Florida offers processes through which one’s competency can be determined and even restored when it is lacking. It should be noted that incompetence to stand trial does not necessarily equate to “insanity.”
What does competent to stand trial mean?
Competency is grounded in the mental state of the defendant during the process of committing the crime. Under Florida law, the defendant must be mentally competent to be put on trial, convicted, and punished.
The question here is whether the accused is presently able to reasonably consult with a lawyer, as well as whether he or she has a reasonable and factual understanding of the proceedings.
For example, there may be cases where the accused cannot comprehend the charges brought against him or her, cannot realize the possible consequences of his/her actions, or cannot communicate necessary information to a lawyer.
The existence of a mental disability does not mean that the accused is mentally incompetent. This question is about whether the accused is able to participate in the proceedings due to his or her disability.
How is competency evaluated?
If there is any doubt about the defendant’s competence, the issue can be raised before the court. The judge may order an evaluation of the defendant’s competency by specialists.
Several issues can be evaluated, such as understanding the criminal process, ability to communicate with their lawyer, awareness of the possible consequences, and providing relevant information in their defense.
Following the evaluation, the court decides on the defendant’s competence.
What if someone is found incompetent?
Incompetency is usually grounds for suspending the criminal process. However, it does not imply that the charges will be dismissed.
As far as the defendant’s condition and the specific criminal charges are concerned, psychiatric treatment might be ordered by the court. Competency will then be re-evaluated later by a treating physician. Treatment is aimed at ensuring that the defendant is competent to stand trial. If the court rules that the defendant is competent, then the criminal process will resume. If the defendant cannot be stabilized, that situation must be addressed separately.
Competency is different than an insanity defense
Insanity and competence apply to two distinct time frames.
The competence test examines whether the accused is mentally able to join in the criminal proceedings currently. On the other hand, the issue of insanity pertains to the mental state of the defendant at the time he committed the crime.
One can be mentally fit to commit a crime and yet not be competent to face trial. Also, a defendant who seeks an insanity defense can still be competent to take part in legal proceedings.
Talk to a Tallahassee, FL, Criminal Defense Attorney Today
Luke Newman, P.A., represents the interests of Tallahassee residents who are facing serious criminal charges. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
