Tampa Bay Criminal Defense Lawyer Blog

There are many different ways that you or a loved one can avoid a criminal conviction in a felony case. One way that this can occur is if the trial court concludes that the defendant is not mentally competent to stand trial. If a trial goes forward against an incompetent person, that person may be entitled to a reversal of his conviction. All of these things require a detailed understanding of criminal law, so if you have a loved one facing this type of circumstance, reach out without delay to a knowledgeable Florida criminal defense attorney.

A news-making case from Orlando became a trial that touched upon this issue of competency to stand trial. Antoine was scheduled to go on trial for murder in 2015 after he allegedly killed his girlfriend in the condo they shared shortly before Christmas 2011. The man allegedly slit the victim’s throat and stabbed her repeatedly. He admitted the killing. Antoine, though, had schizophrenia and asserted that he heard voices in his head. Prior to the start of the trial, Antoine’s lawyer submitted to the court a document known as a “notice of incompetency.” When that happens, the law requires the court to stop the progress of the underlying case and hold a hearing to determine whether or not the defendant is legally competent to stand trial.

The trial court ordered a competency hearing to assess Antoine. Before the hearing, two court-appointed experts analyzed the defendant and determined that Antoine was not competent. A few months later, mental health providers determined that Antoine’s competency had been restored. Another hearing was scheduled, and, at the hearing, Antoine’s attorney reported to the judge and the prosecutor that the newest court-appointed expert had deemed the defendant to be competent. Without reviewing the expert’s report and without taking any evidence, the court declared that Antoine was competent and that the case should go forward.

There are certain rights guaranteed to every citizen. One of these is the right to legal counsel in your criminal matter. If you think that you or a loved one is suspected of a domestic violence crime, it just makes good sense to act without delay and retain the services of an experienced Florida domestic violence attorney. The police are very skilled at their jobs. Make sure that you have skill on your side by having counsel representing you.

Once you’ve retained counsel, you have a right to have that attorney present when being questioned by the police, in many situations. If the police fail to follow this rule, you may be entitled to get statements you’ve made to them excluded from evidence. An example of this was the case of a Manatee County man named Cornelius. On the afternoon and evening of June 6, Cornelius had been acting strangely while visiting his parents’ home. By 4 a.m. on June 7, the parents took Cornelius to the hospital, and he was committed under the Baker Act. The Baker Act is a state law that allows for involuntary confinement of an individual due to mental illness. This commitment can be initiated by a judge, a police officer, a doctor, or a mental health professional.

That meant Cornelius was in the hospital and was not free to leave. On the evening of June 7, Cornelius’ mom returned to the hospital. The staff there told her she couldn’t see her son. Cornelius’ girlfriend, she was told, had been found murdered in her home, and the police were coming to question Cornelius. Cornelius’ mother did what a wise mom in her shoes should do:  she immediately retained legal counsel for her son. Cornelius’ lawyer arrived at the hospital sometime later, but the staff didn’t let him talk to his client. He left a business card with the staff.