A defendant cannot be tried or convicted of a crime if he is considered incompetent.
It is a staple of legal dramas — the defendant who pretends to be incompetent to escape responsibility for his crimes. The person might fool the psychiatrist, social workers, prison employees, or even his own lawyer…until the prosecutor employs a clever trick to get him to break character in court and reveal his ruse. We have probably all seen a variation of this plot on tv, but what does it really mean to be incompetent to stand trial — and why would being incompetent get someone out of criminal charges?
First, it is important to understand the basis for this aspect of the law. As an experienced criminal defense lawyer Santa Ana, CA can explain, this right arises from the Sixth Amendment, which is part of the Bill of Rights. The Sixth Amendment guarantees each of us the right to a fair trial in criminal matters, among other rights. For a trial to be fair, the defendant in a criminal case must be able to participate meaningfully in his or her own defense. If he or she is not competent, then the trial will not be fair — and so the defendant cannot be tried or convicted of a crime.
Next, we can examine how California determines competency to stand trial. There are two situations where a defendant might be declared incompetent: (1) if he or she is not able to understand what is going on in court; or (2) if he or she cannot rationally participate in his or her own defense. This may be because the defendant suffers from a mental illness or developmental disability, or because there has been a trauma or some medical condition that has led to a temporary mental break that may or may not resolve.
Incompetence is determined at a special hearing, which is presided over by a civil judge. A competency hearing is usually requested by either the defendant, his or her lawyer, or the judge in the criminal case. The defendant will be examined by at least one court-appointed psychiatrist or licensed psychologist, and then a hearing will be held where both the prosecutor and a criminal defense lawyer Santa Ana, CA can present evidence. Either the judge or a jury can then determine competence by a preponderance of the evidence standard.
There is often confusion between incompetence to stand trial and insanity. According to a criminal defense lawyer Santa Ana, CA, these are two entirely separate legal issues. First, incompetency is determined at the date of the criminal proceedings, because it is about whether or not the defendant can understand the charges and participate in his or her defense. By contrast, insanity is determined at the time the crime was committed. It is about whether the defendant understood that what he or she was doing was wrong at the time.
Second, incompetence delays the proceedings against the defendant. While this delay may be indefinite if the incompetence is permanent (such as in the case of a defendant with a developmental disability), the person could still be tried if he or she regains competence. Insanity is a complete defense to the criminal charge. A person who is declared criminally insane cannot be convicted of a crime. Incompetence to stand trial is a technical legal issue that is best handled by a skilled criminal defense lawyer Santa Ana, CA.
At the Chambers Law Firm, we are experienced in all phases of the California criminal justice process, and are well-equipped to handle issues such as competence to stand trial. To learn more or to schedule a free initial consultation, contact us at 714-760-4088 or dchambers@clfca.com.
