Sanity/Criminal Responsibility Evaluations

Comprehensive assessments of mental state at the time of the offense and readiness for conditional release.

Referrals arise when there is a question whether, at the time of the offense, a defendant lacked the capacity to understand the nature and quality of their act or distinguish right from wrong due to a mental disease or developmental disability. Evaluations may also be ordered for NGI restoration and conditional release under Penal Code §§1026–1027 and §1026.2.

What you receive

  • Reconstruction of the defendant’s mental state at the time of the offense

  • Assessment of whether a mental disease or developmental disability met M’Naghten criteria (inability to understand nature/quality of the act or distinguish right from wrong)

  • Exclusion of voluntary intoxication or personality disorders alone as grounds for insanity

  • Evaluation of post‑acquittal progress and readiness for restoration or conditional release

Our Process

  • We review police and crime‑scene reports, medical and psychiatric records, prior competency or mental‑health evaluations, and treatment progress notes.

  • We explore the defendant’s recollection of the offense, mental state at the time, and understanding of right and wrong.

  • We evaluate for feigned symptoms and utilize symptom‑validity tests when indicated.

  • When possible, we engage family members, treating clinicians, and law‑enforcement personnel to corroborate history and symptom presentation.

  • Our report integrates statutory requirements, case law (e.g., People v. Drew, People v. Blakeley), and clinical data. Timelines vary depending on case complexity and court schedules; please contact us to discuss scheduling. We provide testimony as needed.

FAQs

  • No. Personality and adjustment disorders do not meet the M’Naghten standard unless accompanied by a qualifying mental disease.

  • es. We assess current mental status, treatment progress, risk factors, and statutory criteria under §§1026–1027 and §1026.2.

  • Timelines vary depending on the case and court requirements. Please contact us to discuss expected timeframes.

More FAQs

Are you an attorney?

Silhouette of a person holding a surfboard on a beach at sunset with a colorful sky and distant landmass.
Sand dunes with footprints at sunset or sunrise, near the ocean in the background. Santa Barbara, California
A beach scene at sunset with two large rock formations extending from the water, reflected on the wet sand, with a colorful sky filled with pink and orange clouds.
Sunset over the ocean with orange and pink clouds, dark cliffs on the left, and their reflection shimmering on the wet sand. San Luis Obispo County, California