Competency issues can arise from things like severe mental illness, intellectual disabilities, or traumatic brain injuries.

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Competency to Proceed With Case:  Pursuant to N.J.S.A. 2C:4-4(a), no person who lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as such incapacity endures.  Pursuant to N.J.S.A. 2C:4-4(b), a person shall be considered mentally competent to stand trial on criminal charges if the proofs shall establish:

• That the defendant has the mental capacity to appreciate his presence in relation to time, place and things; and

• That his mental processes are such that he comprehends:

  • That he is in a court of justice charged with a criminal offense;

  • That there is a judge on the bench;

  • That there is a prosecutor present who will try to convict him of a criminal charge;

  • That he has a lawyer who will undertake to defend him against that charge;

  • That he will be expected to tell to the best of his mental ability the facts surrounding him at the time and place where the alleged violation was committed if he chooses to testify and understands the right not to testify;

  • That there is or may be a jury present to pass upon evidence adduced as to guilt or innocence of such charge;

  • That if he should choose to enter into plea negotiations or to plead guilty, that he comprehend the consequences of a guilty plea and that he be able to knowingly, intelligently, and voluntarily waive those rights which are waived upon such entry of a guilty plea; and

  • That he has the ability to participate in an adequate presentation of his defense.

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Procedures for Raising and Arguing Competency:  Pursuant to N.J.S.A. 2C:4-5, whenever there is reason to doubt the defendant's fitness to proceed, the court may on motion by the prosecutor, the defendant or on its own motion, appoint (or the defense may hire) a qualified psychiatrist or licensed psychologist to examine and report upon the mental condition of the defendant. 

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Psychologist/Psychiatrist Report:  Pursuant to N.J.S.A. 2C:4-5, the psychologist or psychiatrist conducting the evaluation will prepare a report that includes the following:

• A description of the nature of the examination;

• A diagnosis of the mental condition of the defendant;

• An opinion as to the defendant's capacity to understand the proceedings against him and to assist in his own defense.

• *NOTE:  Statements Not Admissible Against Defendant at Trial:  The person or persons conducting the examination may ask questions respecting the crime charged when such questions are necessary to enable formation of an opinion as to a relevant issue, however, the evidentiary character of any inculpatory statement shall be limited expressly to the question of competency and shall not be admissible on the issue of guilt.

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Competency Hearing Procedures:  Pursuant to N.J.S.A. 2C:4-6, when the issue of the defendant's fitness to proceed is raised, the issue shall be determined by the court.  If neither the prosecutor nor counsel for the defendant contests the finding of the report, the court may make the determination on the basis of such report.  If the finding is contested, the court shall hold a hearing on the issue.

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Procedures Where Defendant is Found to Be Incompetent:  Pursuant to N.J.S.A. 2C:4-6(b), if the court determines that the defendant is not competent to proceed, the proceeding against him will be suspended to see if the defendant can be restored to competency with appropriate treatment.  If the defendant is deemed to be a danger to himself or to others, the court will order the defendant to be committed to the custody of the Commissioner of Human Services (or in an outpatient program, if appropriate).  The commitment to a psychiatric institution must not be longer than is necessary to determine whether the defendant can regain competency (with appropriate treatment) within the foreseeable future.

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Procedures for Dismissal of Case:  Pursuant to N.J.S.A. 2C:4-6(c), if the defendant has not regained competency within 3 months, the court will hold a hearing to determine whether the charges should be dismissed with prejudice (meaning the State cannot later refile the same charges), or held in abeyance.  Each side of the case has the opportunity to be heard at this hearing.  When the charges are not dismissed, the defendant’s case is reviewed at 6 month intervals until the court determines that the defendant has regained competency or that the charges be dismissed.  There is a presumption that the charges against a defendant who is not competent to proceed will be held in abeyance to see if the defendant can be restored to competency through treatment.  This presumption can be overcome if the court determines that continuing the criminal prosecution under the particular circumstances of the case would constitute a significant injury to the defendant attributable to undue delay in being brought to trial.  In determining whether the charges should be held in abeyance or dismissed, the court must weigh the following factors:

• The defendant's prospects for regaining competency;

• The period of time during which the defendant has remained incompetent;

• The nature and extent of the defendant's institutionalization;

• The nature and gravity of the crimes charged;

• The effects of delay on the prosecution;

• The effects of delay on the defendant, including any likelihood of prejudice to the defendant in the trial arising out of the delay; and

• The public interest in prosecuting the charges.

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If the court determines that the defendant has regained competency after treatment, then the criminal case proceedings shall be resumed.

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Contact a New Jersey Competency

Lawyer for a Free Consultation

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Ms. Denholtz has handled dozens of competency hearings and is very familiar with competency procedures.  Competency cases include very complicated procedures and you need a skilled attorney to help you navigate that process.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.