Competent To Stand Trial
Wis. Stat. 971.13 — not tried while lacking substantial mental capacity, and not incompetent only 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 rule. No person who lacks substantial mental capacity to understand the proceedings or assist in their own defense is tried, convicted or sentenced so long as the incapacity endures.
- A defendant is not found incompetent solely because medication has been or is being given to restore or maintain competency.
- Incompetency does not stop a legal objection to the prosecution that can fairly be decided before trial without the defendant's personal participation.
The procedure for raising and deciding the question is 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 Wisconsin attorney.
Sources for this section (2)
- Wis. Stat. 971.13 — Competency
- Wis. Stat. 971.14 — Competency proceedings
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.