Competency to Stand Trial Evaluation

Competency to stand trial means that a person (defendant) must be in the health and a healthy mental state in which they can understand the court process and proceedings when they are defending themselves for a criminal charge.

At Thoughtwise, we are a leading clinic in Tallahassee that specializes in and offers a range of psychological, neuropsychological, and forensic assessments.

We work often with providers in the Tallahassee area such as the courts, physicians, lawyers, and at departments at the federal level such as the Department of Disability Determinations, and the Department of Corrections, the Department of Veterans Affairs and among others.

What is competency to stand trial?

Competency to stand trial is different from the assessment of the person’s health and mental state at the time of some crime. The work that is involved in assessing an individual for competency to stand trial falls under the field of work called forensic psychology or forensic assessment.

Competency to stand trial is an assessment process. This process is usually conducted because of a court order.
Competency to stand trial assessments may measure a person’s mental state and mental health using:

• A clinical evaluation.
• Assessment of background and history.
• Certain or specific psychological assessments.
• The defendant’s competence to understand the charges they are facing and the court proceedings and processes that will determine if they are guilty of the crime they are charged with.

What is the purpose of a competency to stand trial assessment?

The purposes of these assessments are for an expert to determine if indeed a defendant is capable of understanding their role in the court system when charged with a crime and/or if they have the mental ability to understand the court proceedings, consequences of the rulings, and the court process.

How is someone ruled competent or incompetent to stand trial?

Within the testing, interviews and time spent with a psychologist or a psychiatrist, competency to stand trial is recommended by one of these doctors to the judge.

There are usually three means of rulings after a competency to stand trial assessment:

• Competent to stand trial. The person understands the court proceedings and is able to defend themselves in court. They are found competent and mentally stable enough to proceed in the court process.
• Incompetent to stand trial. The person has been found that they are not capable or able to understand the court proceedings, their charges, and/or they are not mentally fit enough to defend themselves with or without an attorney in court.
• Competence restoration. The person has sought treatment after being incompetent to stand trial, and now is found competent to stand trial. Restoration of competence means that the defendant is now able to demonstrate the understanding needed to defend themselves and understand the court processes.

Who can rule someone competent or incompetent to stand trial?

Please contact us now if you are in need of any type of forensic, neuropsychological, psychological screening, evaluation, or assessment.