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- (1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him.
www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0916/Sections/0916.12.html
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(1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him.
- Chapter 916
Table Tracing Session Laws to Florida Statutes (2024) [PDF]...
- Chapter 916
In the state of Florida, the concept of incompetency to stand trial is a critical aspect of the criminal justice system, ensuring that individuals facing charges have the capacity to participate in their defense.
- (407) 476-4111
A person accused of an offense or a violation of probation or community control who is mentally incompetent to proceed at any material stage of a criminal proceeding shall not be proceeded against while incompetent.
Jan 13, 2000 · Special Agent Eugenio Figueroa and Special Agent Jesus Rodriguez, acting as law enforcement officers with the Florida Department of Law Enforcement ("FDLE"), obtained a warrant from Marion County to arrest the plaintiff for probation violation.
(1) “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal ...
II of the State Constitution, in addition to any criminal penalty or other civil penalty involved, under applicable constitutional and statutory procedures, constitutes grounds for, and may be punished by, one or more of the following: (a) In the case of a public officer: 1. Impeachment. 2. Removal from office. 3. Suspension from office. 4.
(1) A defendant is incompetent to proceed within the meaning of this chapter if the defendant does not have sufficient present ability to consult with her or his lawyer with a reasonable degree of rational understanding or if the defendant has no rational, as well as factual, understanding of the proceedings against her or him.
