Competent To Stand Trial
Va. Code 19.2-169.1 — probable cause to doubt competency, and an evaluation by an approved evaluator
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 an evaluation is ordered. If at any time after defense counsel is retained or appointed and before the end of trial, the court finds probable cause to believe the defendant lacks substantial capacity to understand the proceedings or to assist the attorney in the defense, it orders a competency evaluation.
Who evaluates, and where. At least one psychiatrist or clinical psychologist experienced in forensic evaluation and on the Commissioner's approved list performs it, on an outpatient basis at a mental health facility or in jail, unless an outpatient evaluator finds a hospital evaluation is needed.
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 Virginia attorney.
Sources for this section (1)
- Va. Code 19.2-169.1 — Raising question of competency to stand trial or plead; evaluation and determination of competency
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.