In order to stand trial, the defendant must be competent. The bar for competency is pretty low in a criminal proceeding, however. The defendant needs to be able to have enough rational understanding to be able to aid their lawyer in their own defense, and they must have a rational or factual understanding of the proceedings against him. Keep in mind that this is different from using an “insanity defense.” Competency has to do with the defendant’s mental state at trial, while an insanity defense relates to the defendant’s mental state during the commission of the crime. The law can be complicated, but your experienced Tampa criminal defense attorney can help you understand how the law applies in your case.
Stipulation to Competency
In a case recently heard by the Florida Fourth District Court of Appeal, the court addressed when it’s allowable for the defendant’s attorney to stipulate to the defendant’s competency. In the case at issue, the defendant was originally charged with second degree murder and two counts of dealing in stolen property. The trial court appointed an expert to determine the defendant’s competency to stand trial. At the hearing, the judge stated that they had the competency report in the file and it said the defendant was competent. The defense attorney then offered to stipulate to competency. A stipulation means that they agreed to the determination. Thus, the court found the defendant competent.