Competent To Stand Trial
MCL 330.2020 — presumed competent, and not incompetent just because of medication
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.
The test. A defendant is presumed competent to stand trial, and is found incompetent only if, because of their mental condition, they cannot understand the nature and object of the proceedings or assist in the defense in a rational manner. Ability to assist is judged by the ability to do what is reasonably necessary to prepare a defense and during trial.
Medication. A defendant is not found incompetent because psychotropic or other medication is being given under proper medical direction, even if without it they might be incompetent. The court may require a statement from the treating physician that the medication will not adversely affect the defendant's understanding or ability to assist.
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 Michigan attorney.
Sources for this section (1)
- MCL 330.2020 — Defendant presumed competent to stand trial; determination of incompetency; effect of medication
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Michigan attorney.