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Last Modified on Aug 01, 2025
Across the United States, for an individual to stand trial in a criminal case, they must meet requirements for competency. The Sixth Amendment of the U.S. Constitution grants everyone the right to a fair trial and an adequate defense. However, mental health defense laws require a defendant to understand their charges and the potential consequences. In cases where the defendant is mentally impaired, it is crucial to understand how different states handle competency to stand trial.
What Is Competency to Stand Trial, or CST?
Across the United States, from a sex crime case in Atlanta to a drug crime case in Detroit, competency to stand trial, or “fitness,” refers to the requirement of the U.S. Constitution that individuals facing criminal charges must be able to understand their case and assist in their defense. A person can only be considered competent if they can rationally work with their lawyer and have a full understanding of the charges being brought against them.
Determining competency can vary from state to state. In most mental health defense cases, the judge or the lawyer representing either side of a criminal defense case could raise a concern regarding the defendant’s ability to understand their charges and the court proceeding that lies before them. Once this concern has been raised, the defendant’s competency must be evaluated.
Defendants who enter this evaluation process typically have several needs, and they can suffer from a wide range of mental and behavioral health issues. As an example, a study conducted in California revealed that 80% of individuals receiving treatment for CST suffered a psychotic condition, and 15% suffered mood disorders.
Evaluating CST
When a legitimate concern is raised over the defendant’s competency, the judge will need to weigh several factors to make their determination. These include the defendant’s ability to:
- Understand and process necessary information.
- Communicate actively with their defense attorney.
- Make decisions regarding their case.
- Understand all the elements of their charges, such as the possible penalties that can be imposed should they be convicted.
If the judge finds the defendant able to meet these requirements, they will likely be deemed competent. In felony cases, specifically, an insanity defense works less than 1% of the time. That’s why it is essential to work with a mental health defense attorney who understands CST and can use this knowledge in your favor.
Examples of How Certain States Handle CST
Across the U.S., states have been reporting an increase in the number of individuals entering competency evaluation in criminal defense cases. In Texas, competency is evaluated on a case-by-case basis, and the judge will rely on a psychologist’s opinion when determining competency. In California, a judge or your attorney can question your competency, and the judge can make a ruling based on their interactions with you in court.
In Florida, for a competency concern to proceed, it must first be proven by mental health professionals. The defendant must be evaluated by at least two of these professionals before a decision can be made.
Why Work With the Law Offices of Nellie L. King?
For the last several decades, the Law Offices of Nellie L. King has been providing individuals across the United States with the criminal defense they deserve. Determining whether a defendant is competent to stand trial is difficult, so you need an experienced mental health defense lawyer who can navigate these types of cases. Ms. King maintains a strong record of success, having won over 30 cases in her career based on insanity defenses.
If a loved one is the defendant in a criminal case and suffers from a mental health condition, they may not be competent to stand trial. This can be used in their defense. The team at the Law Offices of Nellie L. King can prove incompetency and protect their rights.
FAQs
What Happens If I Am Found Incompetent in Florida?
In Florida, if you are found to be incompetent in a criminal case, a treatment plan must be created and carried out so you can attain your competence at a later date. Once you are found to be incompetent, the mental health professionals involved in your case must also determine the exact nature of your mental health illness and the likelihood of you being able to stand trial following treatment.
What If a Defendant Has Not Regained Competency, Even After Treatment?
When you are receiving treatment for the sole purpose of regaining competency in a criminal case, the facility offering treatment must send reports to the courts regarding your progress. If your condition, however, is severe enough that you are not expected to regain necessary competency within a reasonable timeframe, you may then be appointed a conservator by the courts who can make decisions on your behalf.
What Kinds of Mental Health Conditions Can Be Used in Defense Cases?
It is estimated that around 23.1% of the general public suffers from some kind of mental health condition in the United States. When an individual has a history of mental illness and that illness has caused them to take part in a criminal action, they may not be competent to stand trial, and a mental illness defense can be used. Common mental health conditions include depression, OCD, PTSD, borderline personality disorder, and schizophrenia.
What Forms of Evidence Can Support a Defense Based on Mental Health?
A: Several forms of evidence can support a mental health defense and show that a defendant does not meet the requirements for CST. These include:
- Assessments by psychiatrists
- Documentation regarding your treatment
- Medication logs
- Eyewitness accounts of your behavior
- Caregiver or family testimonies
A skilled mental health defense attorney can determine which evidence can benefit your case.
Hire a Mental Health Defense Lawyer Serving Defendants Nationwide Today
Many people suffer from a mental illness or a disability affecting their development. If you do as well and are either facing a criminal trial or appealing a conviction, you need to hire a mental health defense lawyer as soon as possible. At the Law Offices of Nellie L. King, we are passionate about providing clients with the strategic and caring advocacy they deserve.
A mental health or insanity defense requires a committed and experienced attorney. Contact the Law Offices of Nellie L. King today to schedule an appointment and learn more about how we can serve you.
