Legal Question in Criminal Law in Florida

In the state of Florida, if not competent to stand trial. You remain innocent, unless you regain competency they have to dismiss the charges after a period of time. What is the time frame to dismiss the charges? Charged 3/22/13

Asked on 7/02/13, 2:39 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

There is an evaluation done at least every six months. Generally, the state has 5 years to bring a person back to competency, but in some cases that can be extended. However, the state will often dismiss charges before that 5 year period if it determines the person will not become competent anytime soon. If charged in March, there will likely be a long wait, such as a couple of years before anything is determined. These complex issues need to be addressed by his attorney, not on this forum.

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Answered on 7/02/13, 4:16 pm

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