Legal Topics

Criminal law — Competency to stand trial — Restoration of competency

Oct 01st, 2024 in by admin

Criminal law — Competency to stand trial — Restoration of competency — Neither rule 3.212(c)(2) nor due process requires that court make restorability findings before ordering that competency restoration treatment be administered to defendant in jail — “Substantial probability” that defendant can be restored to competency means that chance that incompetent defendant is likely to be restored to competency in foreseeable future is real and material, not imaginary, has actual existence, and is more than mere chance or bare suspicion, but may be less than 50% probability — Even if court were required to make restorability findings, it finds that there is substantial probability that defendant’s competency is restorable