Brown Law Office Criminal Defense Blog

 

In Ohio, an individual who is charged with a crime must be competent to stand trial. There is a distinction between Not Guilty by Reason of Insanity and a Defendant’s competence in Ohio.  Not Guilty by Reason of Insanity does not take into account a defendant’s current mental state; therefore, it only considers the Defendant’s mindset at the time of the offense. This is different from a Defendant’s competence because regardless of the defendant’s mental state at the time of the offense, competency to stand trial simply focuses on the Defendant’s current mental status.  An experienced criminal attorney can evaluate all issues regarding competence and determine the best way to proceed.

If a Defendant is found to be Not Guilty by Reason of Insanity they may still be ordered to be under restrictive supervision for an indefinite period of time. If a Defendant is found not competent to stand trial, the court can order the Defendant to be reassessed after a year has passed. During that year the Defendant can be required to undergo treatment in an attempt to restore his or her competency.

These issues are real and can be confusing without the help of an experienced criminal defense attorney. There are certain motions to be filed and circumstances to take into consideration. If you or someone you know needs the legal help of an experienced criminal defense attorney give the Brown Law Office a call. We offer Free consultations so you can know where you may stand legally before you make the decision to hire an attorney. Whether you are facing a competence issue, or any other legal matter we have the experience to get the best result out of your unique case.  Call the criminal attorneys at the Brown Law Office today at 330-601-0101.