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1. • • The terms "competent," "competence," "incompetent," and "incompetence," as used in rules 3.210-3.219, shall refer to mental competence or incompetence to proceed at a material stage of a criminal proceeding.
     Reference:

     Rule 3.210 - INCOMPETENCE TO PROCEED: PROCEDURE ... - Casetext

2. People also ask

   When is a defendant incompetent to proceed?

   • (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.

   Statutes & Constitution :View Statutes : Online Sunshine

   www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0916/Sections/0916.12.html

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   What happens if a person is mentally incompetent?

   • (a) Proceedings Barred during Incompetency. 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.

   Fl. R. Crim. P. 3.210 - Casetext

   casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/pretrial-motions-and-defenses/rule-3210-incompetence-to-proceed-procedure-for-raising-the-issue

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   Can a defendant be convicted if he is incompetent?

   • If incompetent, but not in need of treatment and not dangerous, then the defendant cannot be committed. The present rule provides for dismissal of the charges immediately. There appears to be no reason why someone in this situation should not be released pending trial on bail, as would other defendants.

   Fl. R. Crim. P. 3.210 - Casetext

   casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/pretrial-motions-and-defenses/rule-3210-incompetence-to-proceed-procedure-for-raising-the-issue

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   What happens if a person is incompetent to stand trial?

   • After a determination that a person is incompetent to stand trial or proceed with a probation or community control violation hearing, the charge (s): (1) shall be dismissed 1 year after a finding if the charge is a misdemeanor; (2) shall be dismissed no later than 2 years after a finding if incompetency is due to intellectual disability or autism;

   Fla. R. Crim. P. 3.213 - Casetext

   casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/pretrial-motions-and-defenses/rule-3213-continuing-incompetency-to-proceed-except-incompetency-to-proceed-with-sentencing-disposition

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   What if a defendant is committed to a hospital during continuing incompetency?

   • (b) Commitment or Treatment during Continuing Incompetency. (1) If the defendant meets the criteria for commitment under section 394.467, Florida Statutes, the court shall commit the defendant to the Department of Children and Families for involuntary hospitalization solely under the provisions of law.

   Fla. R. Crim. P. 3.213 - Casetext

   casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/pretrial-motions-and-defenses/rule-3213-continuing-incompetency-to-proceed-except-incompetency-to-proceed-with-sentencing-disposition

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   What is a dismissal under the continuing incompetency rule?

   • A dismissal under this rule shall be without prejudice to the state to refile the charge (s) should the defendant be declared competent to proceed in the future. (b) Commitment or Treatment during Continuing Incompetency.

   Fla. R. Crim. P. 3.213 - Casetext

   casetext.com/rule/florida-court-rules/florida-rules-of-criminal-procedure/pretrial-motions-and-defenses/rule-3213-continuing-incompetency-to-proceed-except-incompetency-to-proceed-with-sentencing-disposition

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3. floridarules.net › rule-3-210-incompetence-toRule 3.210. Incompetence to Proceed: Procedure for Raising ...

   floridarules.net › rule-3-210-incompetence-to

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   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.

4. www.leg.state.fl.us › statutes › indexStatutes & Constitution :View Statutes : Online Sunshine

   www.leg.state.fl.us › statutes › index

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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.

5. www.flsenate.gov › Laws › StatutesChapter 916 Section 12 - 2011 Florida Statutes - The Florida ...

   www.flsenate.gov › Laws › Statutes

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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.

6. www.myfloridalegal.com › ag-opinions › adjudicationAdjudication of mental incompetence | My Florida Legal

   www.myfloridalegal.com › ag-opinions › adjudication

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   Admittedly, a circuit judge may declare a person mentally incompetent to stand trial on a criminal charge pursuant to Rule 3.210 (a), CrPR. This is a procedural matter. However, a circuit judge may not make a substantive determination of incompetency except pursuant to the existing statutory scheme.

7. leppardlaw.com › defenses › when-is-someoneWhen Is Someone Incompetent to Stand Trial in Florida?

   leppardlaw.com › defenses › when-is-someone

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   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.

8. casetext.com › rule › florida-court-rulesRule 3.213 - CONTINUING INCOMPETENCY TO PROCEED ... - Casetext

   casetext.com › rule › florida-court-rules

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   Oct 2, 2024 · (a) Dismissal without Prejudice during Continuing Incompetency. After a determination that a person is incompetent to stand trial or proceed with a probation or community control violation hearing, the charge (s): (1) shall be dismissed 1 year after a finding if the charge is a misdemeanor;