• Criminal Defense
  • DUI Defense
    • First DUI
    • Second DUI
    • Third DUI
    • Felony DUI
    • Boating Under the Influence
    • DUI and Marijuana
    • DUI and Prescription Medication
    • DMV Administrative License Suspension
    • Refusal to Submit to DUI Test
  • Domestic Violence
    • Las Vegas Domestic Battery Law – Domestic Battery Lawyer of Goodman Criminal Defense Attorney
    • Domestic Battery by Strangulation
    • Las Vegas Domestic Violence Facts
    • Protective and Restraining Orders in Las Vegas Nevada
    • Stalking in Las Vegas Explained
  • Drug Charge
    • Las Vegas, Nevada Drug Paraphernalia Laws
    • Drug Trafficking in Laws in Las Vegas – Goodman Criminal Defense Attorney Drug Trafficking Lawyer
    • Marijuana Laws in Las Vegas, Nevada
    • Medical Marijuana Laws in Las Vegas – Drug Crimes Attorney Ross Goodman
    • Possession of Controlled Substances in Las Vegas
    • Drugs Possession with Intent to Distribute
    • Prescription Fraud and Doctor Shopping
  • Violent Crimes
    • Nevada Murder Homicide
    • Manslaughter Laws in Nevada
    • Sexual Assault in Las Vegas
    • Kidnapping Laws in Nevada
    • Robbery as a Violent Crime in Nevada
  • Other Charges?
    • Arson Crimes
    • Assault and Battery Charges
    • Casino Markers Debts
    • Juvenile Crimes Defense
    • Las Vegas Arrests
    • Post Conviction Relief
    • Sex Crimes
    • Theft Crimes
    • Traffic Violations
  • Case Results
    • Case Results
    • Highlighted Case Results
  • Resource Center
    • Nevada Revised Statutes
    • United States Crimes
    • Blogs
    • News
    • Infographics
    • Las Vegas Criminal Law Information and Resource
  • Why Ross?
    • About Ross
    • Honors, Awards & Recognition
  • Contact Ross

Call (702) 383-5088

Goodman Criminal Defense Attorney Call (702) 383-5088 | Goodman Legacy Toggle navigation

| Goodman Legacy

  • Criminal Defense
  • DUI Defense
    • First DUI
    • Second DUI
    • Third DUI
    • Felony DUI
    • Boating Under the Influence
    • DUI and Marijuana
    • DUI and Prescription Medication
    • DMV Administrative License Suspension
    • Refusal to Submit to DUI Test
  • Domestic Violence
    • Las Vegas Domestic Battery Law – Domestic Battery Lawyer of Goodman Criminal Defense Attorney
    • Domestic Battery by Strangulation
    • Las Vegas Domestic Violence Facts
    • Protective and Restraining Orders in Las Vegas Nevada
    • Stalking in Las Vegas Explained
  • Drug Charge
    • Las Vegas, Nevada Drug Paraphernalia Laws
    • Drug Trafficking in Laws in Las Vegas – Goodman Criminal Defense Attorney Drug Trafficking Lawyer
    • Marijuana Laws in Las Vegas, Nevada
    • Medical Marijuana Laws in Las Vegas – Drug Crimes Attorney Ross Goodman
    • Possession of Controlled Substances in Las Vegas
    • Drugs Possession with Intent to Distribute
    • Prescription Fraud and Doctor Shopping
  • Violent Crimes
    • Nevada Murder Homicide
    • Manslaughter Laws in Nevada
    • Sexual Assault in Las Vegas
    • Kidnapping Laws in Nevada
    • Robbery as a Violent Crime in Nevada
  • Other Charges?
    • Arson Crimes
    • Assault and Battery Charges
    • Casino Markers Debts
    • Juvenile Crimes Defense
    • Las Vegas Arrests
    • Post Conviction Relief
    • Sex Crimes
    • Theft Crimes
    • Traffic Violations
  • Case Results
    • Case Results
    • Highlighted Case Results
  • Resource Center
    • Nevada Revised Statutes
    • United States Crimes
    • Blogs
    • News
    • Infographics
    • Las Vegas Criminal Law Information and Resource
  • Why Ross?
    • About Ross
    • Honors, Awards & Recognition
  • Contact Ross
On the Competency to stand trial in court

On the Matter of Incompetency to Stand Trial

In most criminal trials, both parties are expected to be ready to be summoned for appearance in court. In certain circumstances the defendant and the plaintiff will have to show up in court to give their testimony. However, if either of the parties are rendered unfit to stand trial, no trial can take place.

Las Vegas criminal defense attorneys are well aware of the consequences of having their clients declared incompetent to stand trial in court. Competency to stand trial has been touched upon regularly in many courtroom dramas and police procedurals, but what is presented is just enough to be digested by the average viewer. It is time to get a better understanding of the clause and how it can affect a defendant’s chances of getting acquitted or convicted when he or she faces a complaint in court.

The What’s and How’s

Nevada’s Revised Statutes defines competency to stand trial as a person’s ability to comprehend the nature, purpose, and legal implications of the trial about to or is currently taking place. This usually includes being declared mentally fit by a competent medical professional. If the lawyer presents compelling evidence that his or her client is not mentally prepared to stand trial in court, the client can be declared legally incompetent; this usually means that the trial cannot go any further, and any case filed will be annulled.

The process to certify that a person’s competency to stand trial can be tedious at times, but the court will follow through with it in full if there is any doubt raised, even in the middle of the trial proceedings itself. This involves calling in a psychiatric professional duly certified by the Division of Public and Behavioral Health to examine the defendant and determine if he or she can be considered clinically or legally insane. After several key tests, the verdict is provided to the court for review; the results will dictate whether the trial or handing down of the verdict will continue as scheduled, if there will be a need to re-do everything, or if the whole trial can be declared null and void.

An Insane Defense

It has been mentioned earlier that legal fiction has touched upon incompetency to stand trial on several occasions. Much like using the insanity plea, the competency-to-stand-trial clause is often used as a defensive measure to prevent the trial from going further, or to delay or outright nullify a possible conviction. While the use of the incompetency clause is not out of place in real life, how it applies in a real trial can be miles apart from how fictional portrayals show it.

Nothing exemplifies this more than the landmark case of Pete v. Robinson. The defense claimed that the defendant was both mentally insane when he allegedly committed the crime and ineligible to stand trial on account of being mentally unfit to understand the proceedings. The case was a unique one because there have been six years between the time of the alleged crime and the trial itself; as such, it would’ve been difficult to prove insanity even with the overwhelming evidence provided by the defense. The situation evolved to a point that the appeals court ordered a hearing to be held to determine the defendant’s competency to stand trial, and no conviction or acquittal can be made until his competency can be proven or not. The case has become a point of reference for similar legal situations ever since.

Do, or Do Not?

The insanity plea is typical for most violent cases that involve physically harming another person, like homicide or domestic violence. The incompetence clause pretty much works on nearly the same conditions, but it only works for the trial itself. Both conditions rely on the defendant’s mental incapacity being proven by an independent expert to be recognized. The defendant can also expect, in most cases, to avoid a conviction if the insanity defense or the plea of incompetence is recognized.

However, using a plea of incompetence to stand trial has the same kinds of setbacks as entering a plea of insanity. The incompetence clause can cause even more legal procedures to get pulled up, separate from the main criminal trial itself. The situation is far more complicated than with the insanity plea, because now the defense has to prove that the defendant is still incapacitated to face trial. It would be next to impossible to prove incompetency if the defendant had been acting normally prior to the trial itself. The implications and possible penalties one can face if they are proven to be feigning incompetency are too much to handle.

 

Incompetency to stand trial is a touchy matter to discuss; the way it can affect a trial process can be overwhelming, even for the defendant. If a defense lawyer is planning to use it as a tool of last resort, remember that it has a lot of risks involved, and its implications are plenty and far-reaching.

Related Blogs

Sealing Las Vegas DUI Records
3 Consequences of Unpaid Casino...
Extradition in Las Vegas
Take it to Goodman!
View All

Locations Served

  • The Lakes Las Vegas Juvenile Defense Services
  • The Lakes Las Vegas Felony Defense
  • The Lakes Las Vegas DUI Defense Services
  • The Lakes Las Vegas Domestic Violence Defense Attorney
  • The Lakes Las Vegas Criminal Defense Lawyer Services
  • Section Seven Las Vegas Juvenile Defense Services
  • Section Seven Las Vegas Felony Defense Attorney
  • Section Seven Las Vegas DUI Defense Services
  • The Section Seven Las Vegas Domestic Violence Defense Attorney
  • Section Seven Las Vegas Criminal Defense Lawyer Services
  • Rock Springs Vista Juvenile Defense Services
  • Rock Springs Vista Felony Defense
  • Rock Springs Vista DUI Defense Services
  • Rock Springs Vista Domestic Violence Defense
  • Rock Springs Vista Criminal Defense Lawyer Services
  • Queensridge Juvenile Defense Services
  • Queensridge Felony Defense
  • Queensridge DUI Defense Services
  • Queensridge Domestic Violence Defense
  • Queensridge Criminal Defense Lawyer Services
  • Peccole Ranch Las Vegas Juvenile Defense Services
  • Peccole Ranch Las Vegas Felony Defense
  • Peccole Ranch Las Vegas DUI Defense Services
  • Peccole Ranch Las Vegas Domestic Violence Defense Attorney
  • Peccole Ranch Las Vegas Criminal Defense Lawyer Services
  • Mountain Trails Felony Defense
  • Mountain Trails Juvenile Defense Services
  • Mountain Trails DUI Defense Services
  • Mountain Trails Domestic Violence Defense
  • Goodman Criminal Defense Attorney Mountain Trails
  • Canyon Gate Master Juvenile Defense Services
  • Canyon Gate Master Felony Defense
  • Canyon Gate Master DUI Defense Services
  • Canyon Gate Master Domestic Violence Defense Attorney
  • Canyon Gate Master Criminal Defense Lawyer Services
  • Winchester Juvenile Defense Services
  • Winchester Felony Defense Attorney
  • Winchester DUI Defense Services
  • Winchester Domestic Violence Defense Attorney
  • Winchester Criminal Defense Lawyer Services
  • Whitney Juvenile Defense Services
  • Whitney Felony Defense Attorney
  • Whitney DUI Defense Services
  • Whitney Domestic Violence Defense Attorney
  • Whitney Criminal Defense Lawyer Services
  • Sunrise Manor Juvenile Defense Services
  • Sunrise Manor Felony Defense Attorney
  • Sunrise Manor DUI Defense Services
  • Sunrise Manor Domestic Violence Defense Attorney
  • Sunrise Manor Criminal Defense Lawyer Services
  • Spring Valley Juvenile Defense Services
  • Spring Valley Felony Defense Attorney
  • Spring Valley DUI Defense Services
  • Spring Valley Domestic Violence Defense Attorney
  • Spring Valley Criminal Defense Lawyer Services
  • Enterprise Juvenile Defense Services
  • Enterprise Felony Defense Attorney
  • Enterprise DUI Defense Services
  • Enterprise Domestic Violence Defense Attorney
  • Enterprise Criminal Defense Lawyer Services
  • Downtown Las Vegas DUI Defense
  • Downtown Las Vegas Domestic Violence Defense Attorney
  • Downtown Las Vegas Criminal Defense Attorney
  • Summerlin Las Vegas Juvenile Defense Services
  • Summerlin Las Vegas Felony Defense Attorney
  • Paradise, NV Juvenile Defense Services
  • Paradise, NV Felony Defense Services
  • North Las Vegas Juvenile Crimes Defense Attorney
  • North Las Vegas Felony Defense Attorney
  • Henderson Juvenile Crimes Defense
  • Henderson Felony Defense Services
  • Downtown Las Vegas Juvenile Defense Attorney
  • Downtown Las Vegas Felony Defense Attorney
  • Clark County Juvenile Defense Attorney
  • Clark County Felony Defense Attorney
  • Summerlin Las Vegas DUI Defense Services
  • Summerlin Las Vegas Domestic Violence Defense Attorney
  • Summerlin Las Vegas Criminal Defense Lawyer Services
  • Paradise, NV DUI Defense Services
  • Paradise Domestic Violence Defense Attorney
  • Paradise Criminal Defense Lawyer Services
  • North Las Vegas DUI Defense
  • North Las Vegas Domestic Violence Defense Attorney
  • North Las Vegas Criminal Defense Attorney
  • Henderson DUI Defense Services
  • Henderson Domestic Violence Defense Attorney
  • Henderson Criminal Defense Services
  • Downtown Las Vegas DUI Defense
  • Downtown Las Vegas Domestic Violence Defense Attorney
  • Downtown Las Vegas Criminal Defense Attorney
  • Clark County DUI Defense
  • Clark County Domestic Violence Defense Attorney
  • Clark County Criminal Defense Attorney
Text Now | +17022386970 Call Now | (702) 383-5088
↑
Goodman Criminal Defense Attorney

Ross Goodman is a top rated criminal defense attorney that is serving all of Las Vegas, Nevada and surrounding areas including Clark County, Henderson and North Las Vegas.

520 S 4th St. STE #200,
Las Vegas, NV 89101, United States
(702) 383 - 5088

Helpful Links

  • Home
  • Case Results
  • Clark County Detention Center
  • Attorney Profile
  • Contact Ross
  • Blogs
  • Testimonials
  • Payment

Practice Areas

  • DUI
  • Domestic Violence
  • Drug Crimes
  • Casino Markers Debts
  • Sex Crimes
  • Theft Crimes
  • Post Conviction Relief
  • Traffic Violations
  • Arrested in Las Vegas

Connect With Us

Location Map

© 2021 by Goodman Law Group, P. C. | All Rights Reserved.

Web Design by: Redkite Logo

Leave Your Phone Number for A Callback from Us.



Schedule a Free Consultation

Just simply fill out the form below for a free consultation.
 Loading