Arizona Rule 11 allows a request for a mental examination during a hearing to determine a defendant’s mental competency. A criminal defense attorney may want to verify their defendant understands the nature of any criminal proceedings against them and that they are capable of assisting in their defense.
While Rule 11 requests are commonly filed by the defense attorney, the court may order the hearing in the interest of determining a fair trial procedure for the defendant. Requesting this type of motion requires an experienced criminal defense lawyer to ensure the hearing works in the best interests of the defendant. At Ciccarelli Law Offices, our Chandler criminal defense lawyers stand ready to guide you through your entire criminal trial.
What Happens During a Rule 11 Hearing?
Generally, Rule 11 hearings are requested at any time after an indictment is returned or when a misdemeanor complaint is filed. The defense attorney or co-defendant may file the motion, or the court may initiate the request. Arizona Rule 11.2 allows for 3 mental health experts to examine all available medical and criminal history records, which are provided by the defense. Jurisdiction is held by the superior court unless it authorizes a limited jurisdiction court to hear the matter of the evaluation.
Findings from the hearing will determine the defendant is either competent or incompetent to stand trial. For a competent determination, the criminal trial will proceed. If the person is found incompetent, then A.R.S. § 13-4504 allows a separate hearing to dismiss misdemeanor charges against the defendant.
Does a Competence Hearing Help or Hurt Your Defense?
While it might be tempting to ask for a Rule 11 hearing in an attempt to evade a criminal trial, you should be aware that the questions asked can range from very simple to very complex. A defendant may need to respond concerning their:
- Basic understanding of what a trial is and what it’s for
- Knowledge of what the judge, jury, and prosecutor do during a trial
- Understanding that they are on trial and may face imprisonment or fines
- Awareness of their own mental state
- Ability to assist their attorney in their own defense
- Recall of their medical and criminal history with experts and the court
You should note that the final decision about your competency will be determined by limited interaction with the mental health experts, not your attorney. This means you will not have developed a relationship with them, as you will have done with your lawyer, who will fully understand your case and defense. Asking for a Rule 11 hearing when you are hoping to delay your case or fake incompetency can add a negative element to your arguments, perhaps influencing the court or jury against you.
We Can Help You With Your Rule 11 Procedure
Rule 11 is in place to assist those who truly cannot stand trial due to mental incompetence. To determine if this type of procedure should be used during your case, it’s important to have the advice of an experienced criminal defense attorney. At Ciccarelli Law Offices, our proven team of professionals can assist you in all aspects of litigating your case for the best outcome. Contact us today by telephone at 480-660-9288 or use our online form to request your free consultation.