Competent To Stand Trial
Mo. Rev. Stat. § 552.020 — reasonable cause to believe, and an examination by order of 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.
The rule. No person who as a result of mental disease or defect lacks capacity to understand the proceedings or to assist in their own defense is tried, convicted or sentenced so long as the incapacity endures.
The examination. Whenever a judge has reasonable cause to believe the accused lacks mental fitness to proceed, the judge, on their own motion or on a motion by either side, appoints qualified psychiatrists, psychologists or physicians to examine the accused, or directs the department of mental health to have the accused examined, with a written report filed with the clerk.
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 Missouri attorney.
Sources for this section (1)
- Mo. Rev. Stat. § 552.020 — Lack of mental capacity bar to trial or conviction; psychiatric examination
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Missouri attorney.