Competency to Stand Trial

Ensuring defendants understand proceedings and can assist counsel.

California law presumes a defendant competent unless a reasonable doubt is raised about their ability to understand legal proceedings or assist counsel. Referrals arise when defendants exhibit signs of mental illness, cognitive impairment, developmental disability, or other conditions affecting rational and factual understanding.

What you receive

  • Assessment of mental disorder, cognitive impairment, or other conditions affecting competence

  • Evaluation of rational and factual understanding of charges, roles of courtroom personnel, and potential outcomes

  • Analysis of ability to consult with counsel with a reasonable degree of rational understanding

  • Consideration of grave disability (§5008(h)(1)) and diversion eligibility (§1001.36) when required by Rule 4.130 (effective May 15, 2023)

  • Recommendations regarding treatment or restoration, if needed

Our Process

  • We review legal filings, mental‑health and medical records, prior competency findings, and relevant collateral documents.

  • We assess understanding of charges, courtroom roles, and ability to cooperate with counsel using tools like a semi-structured interview or the MacArthur Competence Assessment Tool–Criminal Adjudication (MacCAT‑CA).

  • We evaluate for exaggeration or feigning and utilize symptom validity measures when appropriate.

  • When possible, we consult with defense counsel and other observers to clarify referral questions and gather observations.

  • Our court‑ready report integrates statutory criteria, case law, and empirical data. Timelines vary depending on court schedules and case complexity; please contact us for details. We are available for testimony.

  • Our psychologists provide clear, objective, and evidence-based testimony to assist the court in understanding psychological findings and their relevance to the legal issues at hand. We explain evaluation methods, results, and opinions in plain language, grounded in professional standards and empirical research. Testimony is provided in hearings, trials, and sentencing proceedings as needed.

FAQs

  • Courts order restoration treatment, typically in a state hospital, jail-based program, or community program. Proceedings are suspended until competence is restored.

  • Yes. We assess both trial competence and self‑representation capacity when requested.

  • Timelines vary depending on case complexity, court requirements, and the availability of records. Please contact us to discuss expected timeframes.

  • Yes. Please contact us to discuss expected timeframes.

More FAQs

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