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Last Modified on Dec 06, 2025
When you or a loved one suffers from mental illness and is charged with a crime, it’s vital that you understand what to expect in a competency hearing in mental health criminal cases. Throughout the country, courts have the right to determine whether a defendant is competent to stand trial and whether they were competent at the time the crime occurred. Competency hearings assess whether a defendant is competent enough to participate in court or trial.
A skilled mental health criminal defense lawyer can help you better understand your rights during this process and how competency hearings may proceed. Knowing what the hearing is meant to address helps families understand why it matters and helps them prepare for decisions they may need to make in the future.
Understanding Competency Hearings in Criminal Cases
According to the National Alliance of Mental Illness’s (NAMI) criminal justice brief, around 40% of incarcerated people in state and federal prisons have a history of mental illness. If your loved one is being charged with a crime but suffers from severe mental illness, it’s crucial that their understanding and competency are evaluated to prevent any misunderstandings.
A competency hearing does not determine guilt or innocence. Instead, it focuses on whether a defendant understands the charges against them and can work with and assist their attorney. If a defendant is ill enough that they do not understand what is going on or cannot make decisions for themselves, they may be determined not competent for trial. Courts generally determine whether a defendant is competent based on their present understanding and not their past behavior.
How Competency Is Determined During a Hearing
Courts rely on evaluations, observations, and other evidence to decide whether a case can move forward fairly with a mentally ill defendant. The following are elements a judge will consider when determining competency:
- Psychological evaluations provided a diagnosis that shows the defendant is not currently able to understand what is happening. For example, the defendant is in a state of psychosis.
- There is confusion or a lack of understanding surrounding court proceedings and why they are happening.
- The defendant struggles to understand or communicate with their legal counsel.
- The defendant’s language and behavior suggest an inability to understand charges or their consequences.
How Competency Is Different From Criminal Responsibility
Competency and criminal responsibility are often confused, but they address different questions in a criminal case. There are some distinct differences between the two, including:
- Competency: Competency evaluates whether a defendant currently understands the charges against them and if they are able to actively help and participate with their attorney.
- Criminal Responsibility: Criminal responsibility in a legal case assesses past behavior and competence. It attempts to assess the defendant’s mental condition at the time the crime occurred.
The Law Offices of Nellie L. King can work with you and your loved one to help them better understand competency hearings and criminal responsibility, working to build a defense that adequately displays their true condition and how their mental illness impacts the case.
Possible Outcomes of a Competency Determination
The outcomes of a competency hearing may vary depending on the mental illness involved, the severity of a charge, and other factors unique to your case. Once a competency hearing is completed, a judge may reach one of the following conclusions:
- The defendant is competent, and the case can resume.
- The defendant is found incompetent in their current condition, and the case must be temporarily paused. The defendant will then receive treatment, and once a competency is restored, they may resume the trial. However, if treatment does not help restore competency, the charges will have to be dropped after a certain amount of time has passed.
Having a lawyer by your side as you navigate competency hearings in Florida is crucial in ensuring your loved one’s rights are protected and respected throughout proceedings.
Why You Should Hire a Mental Health Criminal Defense Lawyer in Florida
Attorney Nellie L. King is an experienced mental health criminal defense attorney who has been elected to the Board of the National Association of Criminal Defense Lawyers and received the Distinguished Alumnus Award from the University of Mary Washington for her commitment to her community and clients. Our team’s extensive experience with criminal cases involving mental health allows us to stand as powerful advocates for those who need it most.
FAQs
What Is a Mental Competency Hearing?
A mental competency hearing is a court proceeding used to determine whether someone understands the charges they are facing. It also determines whether a client is capable of assisting their attorney during proceedings. Courts often rely on medical evaluations, observations, and other evidence to verify whether competency is present at the time of a hearing. If a defendant is deemed incompetent, they must receive treatment before the case can continue.
When Should You Hire a Mental Health Criminal Defense Lawyer in Florida?
If you or a loved one is arrested and is clearly mentally ill, it’s crucial that you hire a mental health criminal defense lawyer who has the knowledge needed to protect your rights and your future. The sooner you hire a skilled criminal defense lawyer, the sooner they can begin defending your loved one’s rights and assisting with competency evaluations.
When Does a Defendant Pass a Competency Assessment in Florida?
To be found competent in Florida, the defendant must demonstrate a sufficient understanding of the court proceedings they’re involved in, as well as be able to help and communicate with their attorney. A competency evaluation may ask questions about charges and the roles of courtroom participants to determine someone’s ability to make decisions. If the defendant seems to clearly understand what’s going on and can participate, they will be found competent.
How Much Does It Cost to Hire a Mental Health Criminal Defense Lawyer in Florida?
The cost of hiring a mental health criminal defense lawyer in Florida depends on a variety of details that will be unique to your specific case. Elements that can impact the price you pay include the severity of the charge in question, the length of time it takes the case to settle, whether a trial is needed, and the type of pricing structure your lawyer uses. You should address all pricing concerns and discuss fees with your lawyer during your initial consultation.
Contact the Law Offices of Nellie L. King Today
The team at the Law Offices of Nellie L. King assists individuals and families dealing with criminal cases involving mental health and competency concerns in Florida and beyond. If you have questions about competency hearings or mental health issues in criminal cases, contact us at the Law Offices of Nellie L. King to schedule a consultation today.
