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Difference Between Mental Incompetency to Proceed and Insanity in Denver Courts

On Behalf of | Feb 28, 2018 | Insanity |


Insanity vs. Mental Incompetency to Proceed – A Denver Lawyer’s Explanation

There are two terms used in criminal courts related to whether a charged person has the mental capacity to continue in their case. These are Insanity and Mental Incompetency to Proceed. Each of these terms have different meanings and will impact your criminal case differently. Let’s look them over. Differences between Insanity and Incompetency in Colorado Court.

Mental Incompetency to Proceed in Arapahoe County, Colorado

In Arapahoe County courts, Mental Incompetency to Proceed involves a defendant’s inability to understand and assist in his defense. More specifically, the definition is: “as a result of a mental disability or developmental disability, the defendant does not have sufficient present ability to consult with the defendant’s lawyer with a reasonable degree of rational understanding in order to assist in the defense, or that, as a result of a mental disability or developmental disability, the defendant does not have a rational and factual understanding of the criminal proceedings.” C.R.S. 16-8.5-101(11). Legal Information and Rules on Mental Incompetency and Insanity.

Insanity Definition in Jefferson County, Colorado Courts – A Lawyer’s Definition

Located at C.R.S. 16-8-101, Jefferson County Insanity is defined as, “a person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that act is not accountable.” Insanity will normally be a bar to continuing the case until sanity is restored.

Testing for Both Mental Incompetency to Proceed and Insanity in Douglas County and Castle Rock

When a defense lawyer gives notice to the Douglas County Court that they feel their client is either Insane or Mentally Incompetent to Proceed, the court will order a stay in the proceedings, and order that the defendant submit to a test from a psychiatrist to determine whether they meet the definition of one of the two mental defenses. In some cases, this can take several months. If the person being examined appears to be a danger to themselves or others, the Castle Rock court can order them sent to the Pueblo mental hospital for examination and treatment. Sometimes, if the person is Incompetent to Proceed or Insane, they will be required to go to the mental hospital until their mental health is restored.

Mental Defenses with a Heavy Price – Adams County Courts

The mental defenses of Insanity and Mental Incompetency to Proceed in Adams County both carry a heavy price. You may be held in custody for many years. The court does not want to dangerous person running the streets to commit crimes with impunity.

Call our Mental Incompetency to Proceed and Insanity lawyers at 303-731-0719. Together, we can protect your future.