{"id":48749,"date":"2022-03-23T17:29:58","date_gmt":"2022-03-23T21:29:58","guid":{"rendered":"https:\/\/ciccarellilawoffices.kinsta.cloud\/arizona\/?p=48749"},"modified":"2022-03-23T17:29:58","modified_gmt":"2022-03-23T21:29:58","slug":"what-is-rule-11-of-the-arizona-rules-of-criminal-procedure","status":"publish","type":"post","link":"https:\/\/ciccarelli.com\/arizona\/what-is-rule-11-of-the-arizona-rules-of-criminal-procedure\/","title":{"rendered":"What is Rule 11 of the Arizona Rules of Criminal Procedure?"},"content":{"rendered":"

Arizona Rule 11 allows a request for a mental examination during a hearing to determine a defendant\u2019s 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.<\/span><\/p>\n

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 <\/span>Ciccarelli Law Offices<\/span>, our Chandler criminal defense lawyers<\/a> stand ready to guide you through your entire criminal trial.<\/span><\/p>\n

What Happens During a Rule 11 Hearing?<\/span><\/h2>\n

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. <\/span>Arizona Rule 11.2<\/span><\/a> 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.<\/span><\/p>\n

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 <\/span>A.R.S. \u00a7 13-4504<\/span><\/a> allows a separate hearing to dismiss misdemeanor charges against the defendant.<\/span><\/p>\n

Does a Competence Hearing Help or Hurt Your Defense?<\/span><\/h2>\n

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:<\/span><\/p>\n