Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: A defendant's mental ability to understand the charges against them and assist in their own defense. If a defendant is found incompetent, proceedings are halted until competency is restored through treatment.
Category: Court Process · Statute: F.S. 916.12 · Source: Florida Legislature
Competency Evaluation
Either side (defense or prosecution) can request a competency evaluation. The court appoints experts to assess whether the defendant:
- Understands the nature and purpose of the proceedings
- Understands the charges and potential penalties
- Can communicate with their attorney
- Can assist in their own defense
If Found Incompetent
- Criminal proceedings are suspended
- Defendant is committed to a treatment facility (up to 5 years for felonies)
- Periodic reviews assess whether competency has been restored
- Once competent, criminal proceedings resume
Bail During Competency Proceedings
Defendants found incompetent may remain on bail if they can be safely managed in the community. If committed for treatment, bail is typically moot.