Understanding Competency in Florida’s Criminal Justice System
If you or a loved one is facing criminal charges in Florida, you may be wondering what does incompetent to stand trial mean? This legal concept is crucial in ensuring fair proceedings for defendants with mental health issues. At Russo Law & Advocacy, Dominique Russo helps clients across Florida navigate competency determinations and related mental health defenses.
Under Florida Statute § 916.12, a defendant is incompetent to stand trial if they lack the capacity to understand the proceedings against them or to assist in their own defense. This is a procedural issue separate from criminal responsibility and affects how and whether a case proceeds through the court system.
Legal Standards for Competency in Florida
Definition of Incompetence
A defendant is found incompetent when they cannot:
- Understand the nature and object of the proceedings
- Comprehend their possible punishment if convicted
- Consult with their attorney with a reasonable degree of rational understanding
Competency vs. Sanity
- Competency relates to the defendant’s current mental state during legal proceedings
- Sanity relates to the defendant’s mental state at the time of the alleged offense
- A defendant can be competent to stand trial but pursue a not guilty by reason of insanity defense
What Happens After a Finding of Incompetency?
Incompetency Determination Process
- Competency Evaluation Request – Filed by defense, prosecution, or judge
- Mental Health Examination – By court-appointed experts
- Competency Hearing – Evidence presented regarding defendant’s capacity
- Court Ruling – Judge determines competency status
If Found Incompetent to Stand Trial
Under Florida Rule of Criminal Procedure 3.212, the court may order:
Treatment for Restoration
- Inpatient treatment at a state mental health facility
- Outpatient treatment in the community
- Medication (voluntary or court-ordered)
- Maximum 2 years for felony cases (with exceptions)
- 6-month reviews of restoration progress
Possible Outcomes After Treatment
- Competency Restored – Case proceeds to trial
- Competency Not Restored – Charges may be dismissed or civil commitment pursued
- Unrestorable – Case may be dismissed if no substantial probability of restoration
Not Guilty by Reason of Insanity: A Different Defense
Is Not Guilty by Reason of Insanity a Conviction?
Many ask: is not guilty by reason of insanity a conviction? No—it’s an acquittal, but with significant consequences:
Not Guilty by Reason of Insanity Sentence
While there’s no criminal punishment, defendants face:
- Mandatory commitment to a secure mental health facility
- Periodic review hearings to determine continued need for commitment
- Potential lifetime supervision if deemed dangerous
- Criminal record showing the acquittal
Famous Not Guilty by Reason of Insanity Cases
Examining famous not guilty by reason of insanity cases helps illustrate this defense:
- John Hinckley Jr. (Attempted assassination of President Reagan)
- Andrea Yates (Drowning her five children in Texas)
- Lorena Bobbitt (Severed husband’s penis)
These cases demonstrate how not guilty by reason of insanity cases involve complex mental health evidence and result in civil commitment rather than prison.
Key Differences: Incompetency vs. Insanity
| Aspect | Incompetent to Stand Trial | Not Guilty by Reason of Insanity |
| Timing | Current mental state | Mental state at time of offense |
| Purpose | Ensure fair trial process | Establish lack of criminal responsibility |
| Outcome | Treatment to restore competency | Acquittal with civil commitment |
| Duration | Up to 2 years typically | Potentially indefinite commitment |
| Record | Case paused or dismissed | Acquittal on record |
Legal Strategies and Considerations
When to Raise Competency Issues
- Defendant cannot communicate with attorney
- Defendant doesn’t understand charges or potential penalties
- Mental health symptoms interfere with court participation
- Previous mental health treatment or diagnoses exist
Defense Considerations
- Competency restoration may lead to facing trial later
- Insanity defense requires proving mental state at time of offense
- Alternative resolutions like mental health court may be available
- Long-term consequences of either finding must be considered
FAQs About Competency and Insanity in Florida
1. Can medication be forced to make a defendant competent?
Yes, under certain circumstances, Florida courts can order involuntary medication for competency restoration.
2. How long does competency restoration take?
Typically 3-12 months, but can extend to 2 years for felony cases.
3. What happens if competency is never restored?
Charges may be dismissed, but the state may pursue civil commitment if the defendant remains dangerous.
4. Can someone be both incompetent and pursue an insanity defense?
Not simultaneously—competency must be restored before an insanity defense can be presented at trial.
5. Do you handle competency and insanity cases throughout Florida?
Yes. We serve all Florida counties, including:
- Miami-Dade County (Miami, Coral Gables, Hialeah)
- Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
- Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
Need Help with Competency or Insanity Issues? Call Today
If you’re facing competency determinations or considering an insanity defense, contact Dominique Russo at Russo Law & Advocacy for a free consultation. We serve clients across Florida, including:
📍 Palm Beach County (West Palm Beach, Boca Raton, Jupiter)
📍 Broward County (Fort Lauderdale, Hollywood, Pembroke Pines)
📍 Miami-Dade County (Miami, Coral Gables, Hialeah)
“Competency and insanity issues require specialized legal knowledge. We protect defendants’ rights while ensuring proper mental health considerations.”
