What Happens When a Defendant Is Deemed Incompetent to Stand Trial?

One of the basic principles of criminal law in Florida is that the state cannot try a person who lacks the “mental competence to proceed.” To be clear, this is not the same thing as a defendant who enters an insanity plea. That addresses a defendant’s culpability for their alleged crime. A defendant who is mentally incompetent, in contrast, lacks the present ability to consult with their own attorney or understand the proceedings against them.

Of course, a judge will not simply accept a defendant’s (or defense attorney’s) assertion they lack mental competence. Florida law requires the court to appoint experts to examine the defendant and determine if they suffer from an intellectual disability, autism, or some other mental condition that renders them incompetent to stand trial. If the expert advises the court such a disability exists, the defendant is not simply free to go. Rather, the defendant must undergo mental health treatment. The experts will then periodically re-evaluate the defendant and advise the court if the defendant is deemed competent.

However, if the defendant remains incompetent to proceed within a “reasonable time” after the initial determination–not to exceed 2 years–the trial court must dismiss the criminal charges without prejudice. This means the state can later refile the charges if the defendant becomes competent at some future date. The trial court can also extend the 2-year deadline if the judge provides specific reasons for “believing the defendant will become competent to proceed within the foreseeable future and specifies the time” when that is likely to occur.

Sixth District Dismisses Burglary Case Against Defendant with Intellectual Disability

A recent decision from the Florida Sixth District Court of Appeal, Reina v. State, illustrates how these rules are applied to a real-world case. The defendant here was charged with multiple counts of theft and burglary. In 2021, the trial court determined the defendant lacked competence to proceed based on his intellectual disability. Subsequent re-evaluations determined this disability remained. So in 2023, after the 2-year deadline passed, the defendant filed a motion to dismiss the criminal case against him.

The trial judge, however, denied the motion, and simply ordered another re-evaluation of the defendant’s competency. The defendant’s attorney then filed a petition with the Sixth District to quash the trial court’s order and grant the motion to dismiss. The Sixth District agreed this relief was warranted. Here, the trial court did not make any finding that the defendant was likely to become competent to proceed at any point in the foreseeable future. Accordingly, the trial court was bound to dismiss the criminal case once the 2-year clock ran out.

Contact Asilia Law Firm Today

It is important to understand that even when a criminal case is dismissed due to a defendant’s mental incompetence, they are still subject to civil psychiatric commitment under Florida law. A qualified Miami criminal attorney can advise you on this and many other subjects. Call the Asilia Law Firm today at (786) 420-3014 to schedule an initial consultation with a member of our team.

Source:

6dca.flcourts.gov/content/download/2435281/opinion/Opinion_2023-3738.pdf