By Nathaniel Pitoniak on February 7th, 2026 in Criminal Defense
The criminal justice system assumes every defendant walks into the courtroom with the ability to understand what is happening to them. When that assumption is wrong, such as when a mental illness or cognitive deficit prevents a defendant from understanding the charges or helping their lawyer, the proceedings must stop.
Under the Due Process Clause of the U.S. Constitution, the state cannot prosecute a person who lacks a rational and factual understanding of the proceedings against them. This rule exists because the adversarial legal system requires active participation. If a defendant cannot communicate effectively with counsel or comprehend the strategy, a trial becomes a formality rather than a fair contest.
If a defendant is found incompetent, they are not simply released. They enter the competency restoration system. In Texas, due to significant backlogs in state hospitals, this commonly means defendants wait months in county jail for a bed, or must qualify for newer outpatient programs established by recent legislative reforms.
If you are concerned that a family member currently in custody cannot understand their legal situation or communicate effectively with their defense team, call the Law Office of Nathaniel Pitoniak. Speaking with a Houston criminal defense lawyer can help ensure the behavioral evidence is properly reviewed and determine whether a Motion for Suggestion of Incompetency is necessary to protect their rights.
Key Takeaways for Competency to Stand Trial in Texas
- A defendant must be able to understand the charges and assist their lawyer. This is a constitutional right, and if a defendant cannot meet this standard due to mental illness or defect, the criminal proceedings must be paused.
- Competency is about the defendant’s present mental state, not their sanity at the time of the offense. The evaluation focuses on current functional ability within the court system, which is different from an insanity defense that looks at the past.
- An incompetency finding leads to restoration treatment, not dismissal of charges. Defendants are typically sent to state hospitals or enrolled in outpatient programs to regain competency, after which the criminal case resumes.
The Legal Definition: What Competency Actually Means in Texas
The benchmark was set by the U.S. Supreme Court in Dusky v. United States and is mirrored in Texas Code of Criminal Procedure Art. 46B.003. This law establishes a two-prong test to determine competency. The defendant must have:
- A sufficient present ability to consult with their lawyer with a reasonable degree of rational understanding; and
- A rational as well as factual understanding of the proceedings against them.
Competency must be clearly distinguished from the insanity defense. Insanity refers to the defendant’s state of mind at the time of the offense (a look into the past). A competency to stand trial evaluation, on the other hand, focuses on their state of mind during the legal proceedings (their capacity in the present).
The Procedure: How to Raise the Issue Under Chapter 46B
Concerns about a defendant’s competency may be brought to the court’s attention by the defense attorney, the prosecutor, or the judge. Once some evidence suggesting incompetency is presented, the law requires the court to pause and investigate. The U.S. Supreme Court case Drope v. Missouri established that a trial court must hold a hearing whenever there is a bona fide (i.e., real or sincere) doubt about the defendant’s competency—an issue that can be just as critical as evaluating the prosecution’s witness in a Texas assault trial when assessing whether testimony is reliable and legally admissible.
In Texas, this process begins with a suggestion of incompetency. This requires enough informal evidence to convince a judge that a formal examination is warranted. Evidence for this might be based on observations of the defendant’s behavior, their inability to communicate, or information about their mental health history.
Once the suggestion is made and the judge agrees there is sufficient cause, all other criminal proceedings are stayed, or paused. This means no plea bargains may be negotiated, no hearings may be held, and no trial may begin until the question of the defendant’s competency is fully resolved.
The Evaluation: Forensic Psychiatry and the Defendant’s Rights
Determining the inner workings of a defendant’s mind is a difficult task. Families sometimes worry that if their loved one speaks to a court-appointed psychiatrist, they might accidentally say something that hurts their criminal case. Texas law anticipates this fear and provides specific protections.
Under Art. 46B.007, statements made by a defendant during a competency evaluation are generally inadmissible for the purpose of proving guilt in the underlying trial. Their purpose is strictly to assess the defendant’s present mental state, not to gather evidence for the prosecution. This shield allows for a more honest and accurate evaluation.
A court-appointed expert, typically a psychologist or psychiatrist, has about 30 days to complete an examination and submit a report. According to Art. 46B.024, the expert must assess a specific list of capacities, including the defendant’s ability to:
- Rationally understand the charges and potential penalties.
- Disclose relevant facts, events, and states of mind to their lawyer.
- Engage in a reasoned choice of legal strategies.
- Understand the adversarial nature of the proceedings.
- Exhibit appropriate courtroom behavior.
This report is the central piece of evidence that will determine the next steps, which could be the criminal case moving forward or the focus shifting to mental health treatment.
The Hearing and the Burden of Proof
After the expert’s report is submitted, the court holds a formal hearing to decide the issue. While a judge usually makes the final decision in what is known as a bench trial, both the defense and the prosecution have the right to request a jury trial specifically for the question of competency.
Under Texas law, a defendant is presumed to be competent. This means the defense team usually has the burden of proof to show that the defendant is incompetent. The standard of proof is a preponderance of the evidence, which simply means it is more likely than not that the defendant cannot understand the proceedings or assist their attorney during the arrest and trial process.
If a jury is used, its verdict on competency must be unanimous. In many Texas counties, if the expert’s report is clear and neither side contests the findings, the parties may agree to the expert’s conclusion to avoid a lengthy hearing.
Frequently Asked Questions About Competency to Stand Trial
Can the court force a defendant to take medication to restore competency?
Yes, but it is a high legal hurdle. The state must prove that the medication is medically appropriate, necessary to bring the defendant to trial, and that less intrusive methods are unlikely to be effective. This requires a separate court hearing where a judge weighs the state’s interest in prosecution against the defendant’s right to refuse treatment.
What if the defendant has a low IQ or does not speak English?
Neither of these automatically makes a defendant incompetent. Legal incompetency requires a mental illness or defect that prevents rational understanding. A language barrier is addressed with a court interpreter, not a competency evaluation. An intellectual disability may be a factor, but the focus remains on the two-prong test of understanding and ability to assist counsel.
Can competency be raised in the middle of a trial?
Yes. According to Art. 46B.005, if evidence of a defendant’s incompetency arises during a trial, such as the defendant having a significant psychological breakdown in court, the judge has the authority to pause the trial and order an immediate evaluation.
Ensure Your Rights Are Protected During Mental Health Inquiries
A criminal case cannot proceed legally if the defendant does not understand why they are there. Allowing the state to prosecute a family member who lacks the capacity to defend themselves is a violation of their fundamental rights. In situations like this, knowing how to choose a criminal defense lawyer who understands competency issues is critical, as pursuing a competency evaluation is a protective measure to ensure fairness in the justice system.
If you believe a defendant in your family is unable to consult with their attorney or understand the proceedings against them, do not wait for the court to notice.
Call the Law Office of Nathaniel Pitoniak. We will assess the situation and take the necessary procedural steps to pause the prosecution and seek the appropriate mental health interventions.
