Incompetent to Proceed vs. Insanity in Greeley Courts | Weld County Criminal Defense Lawyer
Incompetent to Proceed and Insanity: Defenses to Criminal Charges in Weld County Courts
In more criminal cases each year, people charged in Weld County courts use the mental health defenses of Incompetent to Proceed and Insanity. These two defenses are quite different, and occur at different times in a criminal case. One is powerful and resolves the case and one only grants a temporary pause in the case. Let’s study each of them and how they relate to criminal charges in Weld county Courts.
What is Mental Incompetent to Proceed in Greeley, Colorado?
In Greeley criminal courts, the defense of Mental Incompetent to Proceed relates to a person’s ability to understand and assist with their defense. Imagine a person who is suffering from a mental illness and is unable to understand the court process or help their lawyer. Here is the definition of our law on the subject:
C.R.S. 16-8.5-101(11).
Insanity Definition in Weld County, Colorado Courts – A Lawyer’s Definition of NGRI
Insanity’s definition used in Weld County courts is different than Incompetent to Proceed. Not Guilty by Reason of Insanity, or NGRI, is more powerful too. With Insanity, you can be found not-guilty of all of your charges, while Incompetent to Proceed will generally only result in a temporary stop in your case until you are restored to competency. Insanity is pled in court at arraignment, is permanent in its effect, and is pled as, “not guilty by reason of insanity.” Our Insanity law comes from C.R.S. 16-8-101, which is stated as follows:
Insanity will normally be a bar to continuing the case, forever. This should be conditioned with the understanding that a jury may have to make the final decision of whether you were insane an the time of the offense. In many cases, the prosecution simply agrees to the finding of Insanity after reading reports.
Differences Between Incompetent to Proceed and Insanity in Greeley Courts
There are three major differences between Incompetent to Proceed and Insanity in Greeley Courts. First, Incompetent to Proceed is a temporary matter, until sanity is restored by a mental hospital and psychiatrists. Insanity is permanent and results in a dismissal of all charges if successful. Second, Incompetent to Proceed is brought up early in a criminal case, while Insanity is brought up at arraignment. Finally, Incompetent to Proceed often results in medicines and education to restore competency and then the case continues. With a jury finding of Insanity, charges are dismissed and the person will usually be sent to the Colorado Mental Health Hospital in Pueblo, or CMHIP. On a more serious Insanity case like murder, a person will be held at the hospital for many years – and maybe for a lifetime.
Mental Incompetency to Proceed and Insanity Tests in Weld County, Colorado
When a Weld County criminal defense lawyer gives notice that they believe a client is either Mentally Incompetent to Proceed or was Insane at the time of the crime, the judge will order a stay in the proceedings. Next, the court will require the accused to take a series of tests from a psychologist or psychiatrist to determine whether they qualify under Colorado law to use a mental defense. Due to backlogs in the system, this can take several months. In the event the person being tested is a danger to themselves or others, the Greeley court may order them sent to the Pueblo state mental hospital for examination. In some cases, if the person is found to be Incompetent to Proceed or Insane, it is likely they will be forced to stay at the mental hospital until their condition is restored.
Mental Health Defenses Come with a Price – Greeley Courts
These mental health defenses in Greeley courts both carry a heavy price. If you don’t get better quickly, you may be held in the state hospital for several years. Judges don’t want dangerous people running around hurting others. So, it is always important to weigh the infrequent use of these defenses against the price to be paid.