In some situations, a person accused of a crime is considered “incompetent to stand trial” (IST). The trial court must conduct a hearing when a defendant’s mental competency is at issue. If the court finds a defendant IST, the judge can release the defendant or order civil commitment to a mental health facility until the defendant regains competence.

At the same time, Maryland law sets several deadlines for restoring competence. The general rule is that when the defendant is charged with a felony or violent crime, the court must dismiss the case if more than five years or the maximum sentence for the most serious offense alleged has passed, whichever is shorter. For other crimes, including most misdemeanors, this deadline is the shorter of three years or the maximum sentence for the most serious offense charged. Regardless of the time elapsed, the court may dismiss a case if a criminal proceeding would be “unjust because so much time has passed since the defendant was found” IST.

Court of Special Appeals Declines to Dismiss Murder Indictment but Advises Trial Court to Consider Defendant’s Status

The Maryland Court of Special Appeals recently addressed a situation in which a person was initially charged with misdemeanor offenses, found IST, and later charged with a felony. The question before the court was how to apply the various deadlines discussed above.

Here was the situation: The defendant in this case, Hoggle v. State, was initially charged with two counts of neglecting a minor and other non-violent crimes in connection with the disappearance of her two children. In January 2015, a district court judge found the defendant IST and committed her to a mental health facility.

Nearly three years later, in September 2017, the State’s Attorney dismissed the misdemeanor proceedings in the district court and simultaneously obtained a grand jury indictment in circuit court charging the defendant with the murder of her children. The circuit court conducted its competency hearing and found the defendant remained IST in December 2017. Subsequent hearings have continued to find the defendant incompetent.

In January 2020–five years after the district court’s original IST finding–defense counsel moved to dismiss the murder case. They argued that the five-year clock for trying the defendant for a felony began when the district court made its initial finding. The State’s Attorney disagreed, arguing the dismissal of the misdemeanor case terminated that original finding. The prosecution insisted the clock started to run again when the circuit court made its separate IST finding in the felony case.

The courts sided with the prosecution’s interpretation of the law. The Court of Special Appeals, affirming an earlier decision from the circuit court, said the defendant was “not yet entitled to a dismissal of the current indictment” under the five-year rule. At the same time, the appellate court cautioned that the “permissibility of [the defendant’s] continued confinement is still in question.” After all, the defendant had been institutionalized since 2015, and there was no indication she could be restored to mental competency anytime soon. On remand to the circuit court, the Court of Special Appeals advised the trial judge that if they determined the defendant was, in fact, “no longer restorable,” it had the legal authority to dismiss the charges before the expiration of the new five-year clock.

Legal Consequences of Being Declared Mentally Incompetent

Understanding what happens when someone is declared mentally incompetent is crucial in criminal law. When a defendant is deemed incompetent to stand trial, the legal process halts until they can be evaluated and treated. Courts prioritize determining whether the individual can regain competency, as indefinite detention without trial raises serious legal and ethical concerns.

Many defendants question what happens if you are declared mentally incompetent. The individual is often transferred to a psychiatric facility for treatment in these cases. Suppose mental health professionals believe the person is unlikely to regain competency. In that case, legal action may be taken to dismiss charges or transfer the individual to a long-term care facility instead of prison.

Defendants who are found mentally unfit to stand trial still have rights under the law. The justice system cannot hold someone indefinitely without periodic evaluations. If medical reports indicate that a person remains mentally incompetent with no chance of restoration, the court may choose to drop charges or explore alternative legal resolutions.

Cases involving defendants who are incompetent to stand trial require skilled legal advocacy to uphold their rights. These matters are legally complex, requiring a thorough understanding of mental health law and criminal defense strategies to secure the best possible outcome for the individual involved.

Adding Clarity on Competency Review Process

When a defendant in Waldorf, Maryland, is declared mentally incompetent to stand trial, ongoing reviews and evaluations are required by law to monitor their restoration progress. These legal milestones are not automatic and must be requested by counsel or scheduled by the court. We help families understand precisely when such hearings should occur and track court schedules to meet critical deadlines. This level of detail helps prevent unnecessary delays and appropriately supports treatment.

Maryland statute requires periodic competency evaluations, yet restoration often takes longer than expected. We compile documented assessments from mental health professionals that track responsiveness to treatment and ability to communicate with counsel. These reports form the foundation for motions urging courts to review and adjust competency plans. Our attention to timing ensures clients remain under review when necessary and avoid excessive confinement without cause.

Supporting Outpatient or Conditional Treatment

Many individuals deemed IST can be treated outside hospital settings under conditional release, supervised by local providers in Waldorf. This allows treatment to continue in the community and keeps defendants connected with family support systems. We work closely with outpatient providers to confirm that their care meets legal standards and report to the court. This approach can ease the strain on institutions and improve patient outcomes.

Courts consider less restrictive placements beneficial when properly documented. We support motions for supervised release or intensive therapy programs that engage defendants with daily routines. Families appreciate having options that maintain dignity and reduce stress related to placement. Our coordination with local mental health agencies and the court ensures these accommodations remain appropriate.

Recognizing and Acting on Restoration Signs

Competency restoration is marked by progress such as improved communication, memory, and courtroom engagement. We help identify such milestones through regular meetings with forensic professionals and written updates. These documented improvements become evidence in petitions to either resume proceedings or seek dismissal of charges. In Waldorf, where local courts frequently grant these evidentiary filings, early submission of supportive documents can influence timely resolution.

We prepare revised plans highlighting progress and additional support needs if restoration stalls. This may include recommending continued therapy or medication adjustments. Making these interventions visible to the court encourages prompt action and prevents administrative oversight. Our goal is to shorten the period of legal limbo while protecting clients’ legal interests.

Preparing for Trial, Pleas, or Dismissal

Following restoration, the case may proceed to trial, plea negotiations, or dismissal. We prepare clients and families by reviewing options carefully and explaining each step in plain terms. Whether advising on possible plea agreements or trial strategies, we address both legal and emotional implications. This prepares our clients for what comes next and creates a more straightforward path forward.

In some situations, restored competency leads to re-evaluation of charges or reduction of penalties. We advocate for fair consideration of a defendant’s time spent in treatment and mental health progress. Our Waldorf-based experience supports arguments for alternative dispositions. We follow through to make sure post-restoration solutions reflect both justice and recovery.

Committed to Advocating in Waldorf

We take proactive steps by reviewing all court filings, treatment data, and timelines in every case locally. Our presence in Waldorf means greater court familiarity, frequent updates, and faster responses. Email and weekend phone consultations ensure clients and families always have a direct line to us. We serve our community by combining legal pressure with compassionate care to shorten delays and maintain fairness.

Contact Bowie Criminal Defense Lawyer Robert Castro Today

The Law Office of Robert Castro has provided this article. For more information or questions, contact our office to speak to an experienced lawyer at (301) 870-1200.