Competent To Stand Trial
Minn. Stat. 611.42 — no plea, trial or sentence while a mental illness or cognitive impairment takes away the ability to consult, understand or participate
The test. A defendant is incompetent and may not plead, be tried, or be sentenced if, due to a mental illness or cognitive impairment, the defendant lacks the ability to rationally consult with counsel, understand the proceedings, or participate in the defense.
Who can raise it. At any time the prosecutor or defense counsel may make a motion challenging the defendant's competency, or the court may raise the issue on its own initiative. The defendant's consent is not required. The motion is supported by specific facts, and bringing it does not waive attorney-client privilege.
Felony, gross misdemeanor and targeted misdemeanor cases. If the court determines there is a reasonable basis to doubt the defendant's competency and there is probable cause for the charge, it suspends the criminal proceedings and orders an examination.
Other misdemeanors. The court suspends the proceedings, and may order an examination if it is in the public interest, as when one is needed to assess a cognitive impairment or mental illness or the defendant's ability to meet basic needs.
A forensic navigator. When competency is at issue, the court appoints a forensic navigator, who develops a bridge plan to identify housing and services if the defendant is released or the charges are dismissed. A court may work with the navigator or other resources to engage a released defendant for up to 90 days after release.
The examination, the hearing, and what follows a finding of incompetency are set out in neighbouring sections of the chapter that are not on this page. Whether a defendant is competent is a question for the court, and the defense is a matter for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 611.42 — Competency motion procedures
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.