Competency Evaluations
Federal and state laws require defendants to be competent to stand trial, ensuring due process under the Fifth and Fourteenth Amendments. Competency concerns can be raised at any stage of a trial.
Incompetent to Stand Trial (IST)
Under California PC 1367(a) and the Dusky Standard, a defendant is incompetent if, due to a mental disorder, they:
1. Do not understand the nature of the criminal proceedings, or
2. Cannot assist their attorney rationally in their defense.
IST is not a legal defense but assesses the defendant’s current mental state.
Competence to Waive Counsel (Faretta Issues)
Under the Sixth Amendment, defendants may represent themselves, but they must be:
• Mentally competent.
• Fully aware of the risks.
• Making the decision voluntarily and in a timely manner.
Competence to Waive Miranda Rights
To waive Miranda rights, a defendant must do so knowingly, intelligently, and voluntarily. Our evaluation retrospectively assesses whether the defendant:
• Understood the Miranda warning.
• Appreciated the consequences of waiving their rights.
• Acted independently, without coercion.
Our Approach
Our forensic evaluations assess psychological and neuropsychological factors impacting competency. This includes:
• Consultation with legal counsel or the court.
• Clinical interview with the defendant.
• Collateral interviews with family or providers for background.
• Review of records (medical, mental health, and legal).
• Psychological testing (if needed) for mental health or neuropsychological issues.
We provide clear, objective, and legally relevant reports, integrating findings with applicable statutes and case law, while addressing contradictory evidence where necessary.
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