Competent To Stand Trial
G.S. 15A-1001 — no trial, conviction or sentence during incapacity to proceed
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.
Incapacity to proceed. No person may be tried, convicted, sentenced or punished when, by reason of mental illness or defect, they cannot understand the nature and object of the proceedings, comprehend their own situation in reference to them, or assist in the defense in a rational or reasonable manner.
Motions can still go forward. The section does not stop the court from hearing motions that counsel can handle without the defendant's help. How the question is raised and decided, including examination and temporary commitment, is set out in the next section.
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 North Carolina attorney.
Sources for this section (2)
- G.S. 15A-1001 — No proceedings when defendant mentally incapacitated; exception
- G.S. 15A-1002 — Determination of incapacity to proceed; evidence; temporary commitment; temporary orders
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.