What You Need to Know About Competency to Stand Trial – Penal Code section 1368

Under California and Federal law, all individuals facing jail time have a constitutional right to a jury trial. Most importantly, any person who chooses to go to trial, must be competent to stand trial. In other words, the Defendant must be of sound mind and judgment as to exhibit sufficient mental competence of the proceedings against him. Under California law, if at any time prior to judgment, there is any doubt in the mind of the judge that the Defendant lack mental competence to stand trial, the judge must suspend all proceedings and order Defendant to be evaluated. If a Defendant is not mentally competent and is convicted of a crime, his or her constitutional rights would have been violated. In that case, the Defendant’s conviction will likely be overturned and new trial will be conducted.

If you lacked the mental capacity or competence to stand trial and are convicted, you need to speak to the experienced appeals attorneys at Wallin and Klarich. Our Southern California attorneys will do a thorough investigation of all the facts and raise all possible defenses. Wallin and Klarich has over 30 years of experience in dealing with competency cases and has successfully defended similar individuals. Please call (888) 280-6839 anytime to speak with one our attorneys regarding your matter.