What Happens Next If You’re Declared ‘Incompetent to Stand Trial’

Being declared incompetent to stand trial is a rare occurrence in the criminal justice system. However, it does happen. Being declared incompetent implies that those involved in your trial aren’t confident that you can assist in your own defense and don’t understand what’s involved in court proceedings. If you’re curious about how you were declared incompetent to stand trial and aren’t sure what comes next, the contents of this article might provide some enlightenment.

What Happens Next If You’re Declared ‘Incompetent to Stand Trial’

How You Can Be Declared Unfit

Asking questions like, ‘What is a court ordered evaluation?’ and ‘What is a judge?’ typically won’t have legal professionals questioning your competency to stand trial. However, a mental health evaluation might help them determine whether you are.

Mental health evaluations ordered by prosecutors, defense attorneys, the plaintiff’s counsel, or judges under criminal law determine your mental state. Typically, these valuations shed light on your condition and situation by analyzing your mental state and current functional level.

What Determines Incompetence?

Two main factors determine incompetence: your understanding of proceedings and your ability to assist in your own defense.

Your Understanding of Proceedings

A common way to determine whether someone is fit to stand trial is whether they understand the proceedings against them. If you have no understanding of anyone’s role, including your own, or the penalties you’re facing, you might be incompetent to stand trial. Typically, people with low intelligence or those with psychosis fit into this category.

Ability to Assist in Proceedings

Your inability to assist in your own defense in a rational way might make you incompetent to stand trial. In this instance, you wouldn’t be able to discuss your case with your attorney or make sound decisions like testifying on your behalf or taking a plea deal. Often, defendants who can’t assist in their own proceedings rationally have psychotic symptoms.

What Happens Next?

Being declared incompetent to stand trial can be an overwhelming situation to be in. If you don’t understand your own case proceedings, you likely won’t understand what comes next. Being declared incompetent to stand trial doesn’t mean you’ll no longer be prosecuted for a crime. In most cases, the courts will order you to undergo treatment at a psychiatric hospital. The goal is to treat you to a point where you can be declared competent to stand trial.

How treatment works can depend on the reason for being declared unfit. If low intelligence is the reason, you’ll be educated on court proceedings and how the court system works. If psychotic symptoms are the reason, medication and therapy might be a recommendation.

Why Competency Matters

You deserve to understand your options if you’ve been charged with a crime with a potential outcome like jail time or fines. Understanding what you’re facing and your choices can sometimes play a part in the case’s outcome.

However, if you aren’t competent and have no understanding of your position and the outcomes in your case, there’s room for erroneous convictions. A lack of understanding can also impact your ability to form the best defense.

Being declared incompetent to stand trial can be a daunting prospect. Whether you’ve been declared unfit due to intelligence or mental health, the justice system will guide you through the process of what comes next.