Competent To Stand Trial
Crim. Proc. § 3-104 — the court decides competency on evidence presented on the record
Competency is a question about the present: whether the person can understand the proceedings and help with the defense now. The defendant's mental state at the time of the offense is a different question, which this page does not cover.
When the question arises. If, before or during a trial or a probation violation proceeding, the defendant appears to the court to be incompetent, or the defendant alleges incompetence, the court determines on evidence presented on the record whether the defendant is incompetent to stand trial.
After the finding. If the court finds the defendant competent, the trial begins as soon as practicable or continues. The court may reconsider the question at any time before final judgment.
Restoration treatment, commitment after a finding of incompetence, how long a case can stay suspended, and the insanity defense are set out in other sections and are not on this page. Whether a particular person is competent is decided by a court on evidence, and is a question for a licensed Maryland attorney.
Sources for this section (1)
- Md. Code, Crim. Proc. § 3-104 — Determination of competency to stand trial
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.