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Compitency

Criminal competency is assessed to ensure that a defendant possesses the mental capacity to stand trial. This evaluation is governed by various statutes and rules, including the New Mexico Statutes Section 31-9-1.1 and the New Mexico Rules of Criminal Procedure for Metropolitan, Magistrate, and District Courts.

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Competency to stand trial in New Mexico is defined as whether the defendant:

  • Has sufficient present ability to consult with their lawyer with a reasonable degree of rational understanding.

  • Has a rational and factual understanding of the proceedings against them.

  • Has the capacity to assist in their defense and comprehend the reasons for punishment.

 

In most cases, a defense attorney or a Judge will see some behavior exhibited by a criminal defendant that suggests that the defendant may not be competent, and a competency evaluation is requested and ordered. The evaluation is completed by a qualified mental health professional, such as a psychologist or psychiatrist. The evaluation focuses solely on determining the defendant's competency and does not address other matters like sanity. Then a report is issued to the parties and the Judge either finding the defendant competent or incompetent. In almost all cases, the Judge initially follows the recommendation of the evaluator.

 

If the court determines that the defendant is competent to stand trial, the proceedings continue. If the defendant is found incompetent and not dangerous, the court may dismiss the charges without prejudice. If the defendant is found incompetent and dangerous, the court may order treatment in the least restrictive setting consistent with the goal of restoration to competency

 

In most cases, a defense attorney is hired when the evaluation finds the defendant competent and the family of the accused wishes to challenge that finding, hoping to get the charges dismissed. In other cases, the prosecution may challenge a finding of incompetency, and a defense attorney will argue for the Court to sustain the finding and dismiss the criminal charges.

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