When Does a Criminal Defendant Become “Mentally Incompetent” to Proceed Insights From a Criminal Defense Lawyer in Miami

1. When Does a Criminal Defendant Become “Mentally Incompetent” to Proceed? Insights From a Criminal Defense Lawyer in Miami, FL https://kirlewlawfirm.com/

2. In some cases, a person gets arrested and charged for a crime despite having no idea what is happening. Due to a mental disorder, they may be unable to grasp the nature of the charges against them — let alone assist in their defense. The defendant is deemed incompetent to proceed in this case, and any criminal proceedings must be postponed until their competency is restored. If you want to know more about how Florida law defines “incompetence,” reach out to a top Miami federal lawyer today. Per F.S. § 916.12, a criminal defendant does not have the mental competence to proceed if they “…[do] not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him.”

3. The judge must appoint at least two qualified mental health professionals to examine the criminal defendant before issuing a judgment of incompetency to proceed. When the professional determines that the defendant is incompetent, they will identify the mental disorder that is causing the incompetence and recommend a treatment plan that may restore the defendant’s competency to stand trial at a later date. The prosecution will often stipulate the professional’s assessment. However, in the absence of such a stipulation, the judge will likely hold a hearing during which the court will hear the expert evidence. Though the judge has the final say, the court must consider the mental health professionals’ assessment before rendering the final decision.

4. For example, the Fifth District Court of Appeal in Florida recently chastised a trial judge for failing to consider an expert assessment of the criminal defendant’s mental competency before proceeding to trial. The defendant in the case “DAVID G. MCNEILL vs STATE OF FLORIDA” was charged with sexual battery and providing false information to law enforcement in a criminal investigation. Before trial, the defendant’s counsel filed notice with the court that the defendant was likely incompetent to stand trial. At this point, the court appointed an expert, who determined that the defendant was competent to proceed. The court rubber-stamped this conclusion and issued a one-line order stating, “Defendant found competent to stand trial,” without reviewing the expert’s report.

5. According to the Fifth District, this was insufficient. The court was expected to make a “conclusive and independent finding” about the defendant’s competency to proceed — not to take the expert’s conclusion at face value without even reviewing their report. As a result, the District Court of Appeal ordered the judge to make a retroactive decision (if possible) on the defendant’s competency before both his trial and sentencing. If the defendant was deemed incompetent, they had the right to a new trial. Speak with a Miami criminal defense lawyer today. If you or a loved one is charged with a crime, their constitutional rights must be protected by the legal system. This includes the right to a fair trial if there is any uncertainty about one’s competence to proceed. Contact Brian Kirlew, Esq. and Kirlew Law Firm, PLLC, today for legal advice and representation from the best criminal defense lawyer in Miami. You can call our offices at 305–521–0484 or visit us online at www.kirlewlawfirm.com.

6. Contact Information Address:2103 Coral Way, Suite 306 Miami FL 33145 Phone: (305) 521-0484 Website:https://kirlewlawfirm.com/