Competence is an issue that can come up in any Texas criminal case, including a DWI case. For court proceedings to be just, a defendant must be competent to stand trial. An individual who is competent to stand trial is both capable of understanding the proceedings that have been brought against them and capable of helping their defense counsel represent them in those proceedings. Capability does not necessarily require a high level of understanding or skill. Instead, it describes an elementary type of intelligence and ability that most people have most of the time.
It is imperative that all criminal and DWI defendants understand that raising the issue of competence is not a defense to the crime that they are charged with. Raising the issue of competence is a tool that a defense attorney can use to ensure that their client’s trial is fair by putting court proceedings on hold until the defendant’s competence is assessed and the court decides whether the defendant can become competent to stand trial. For example, if a defendant is found to have a type of mental impairment that could respond well to therapy, medication or a combination of both, the defendant will be ordered to receive those treatments for a period of time that could enable the treatments to take effect. The case could then proceed to trial once the defendant demonstrates that have achieved competence.
An example of a case in which competence was at issue is the case of Thomas Gene Riddle, of San Antonio. Shortly after Riddle was accused of murder in 2016, he was declared incompetent to stand trial. In July of 2017, he was transferred from prison to North Texas State Hospital, where he received treatment. A year later, Riddle was returned to jail and declared competent to stand trial. Riddle’s attorney reports that he plans to use the insanity defense during his upcoming jury trial.
Some of the issues that can come up in cases where competence is disputed involve differing opinions among the professionals who have evaluated the defendant’s competence. At other times, there may be questions about whether the professionals who evaluated the defendant followed the proper procedures in examining them and reporting their findings.
Texas Criminal Defense Attorney Alex Tyra – An Ally for Texas Defendants
Competence is just one of many issues that can arise during a Texas criminal or DWI case. DWI and criminal defendants have a lot at stake, and a Texas defense attorney can help them protect their rights. If you’re currently facing criminal or DWI charges in Texas, you do not have to develop a defense strategy on your own. In fact, doing so is not recommended because there is so much at stake, including your freedom. No matter what charge you face, whether it is a misdemeanor, your first DWI, a repeat offense DWI, a felony, or something even more severe, you are probably worried about the penalties you are facing. An experienced Texas defense attorney is prepared to help you protect the people and things that matter most to you. Your attorney knows your rights, they can help you understand them, and they can help you develop a plan for resolving your Texas criminal law matter. Call Texas Criminal Defense Attorney Alex Tyra, at (903) 753-7499, or fill out a contact form on our website.