If someone is deemed incompetent to stand trial, then a trial cannot proceed. Every single defendant has the clear right to know what their charges are, what the trial process means, and to be able to understand how to defend such charges. A defendant who is said to be incompetent cannot be convicted of any crime. But it is vital to clarify that this cannot be utilized as a defense.

This is because competence to stand trial refers only to the trial, not the level of comprehension someone has while committing the offense they are accused of. For instance, if a defendant has an illness that impairs him or her from standing trial, but then treatment improves that defendant's condition so that he or she can go to trial, trial will ensue. It will be up to a judge or jury to decide whether or not the defendant was unable to understand their own actions during the alleged crime itself; this is where insanity or diminished capacity may be said to be defenses.

If a defendant's competence is called into a question, it is up to a judge to decide whether or not the defendant is capable of understanding the trial process. How does a judge decide? This can involve psychological evaluations, but a court may also look at the defendant's ability to:

• Speak to his or her own lawyers
• Take in data
• Reach decisions in the process
• Grasp the charges, their consequences, etc.

Someone with a mental illness could still be found competent for trial. Even if a defendant is not smart, has a low education level, trouble with talking, etc., this does not necessarily mean that he or she is unable to go through a trial.

So what is competence? In short, it is the ability to take in information and form choices accordingly. Just like it sounds, it takes a great deal to be declared incompetent to stand trial.

If you or someone you know faces criminal charges, you need to be fully aware of what process lies ahead, your available defenses, and your rights. Call a skilled criminal defense lawyer today!