Legal Question in Criminal Law in Florida

RE: Insanity at the time of the offense in FLORIDA

If a Neuropsychologist is hired as an Expert in a criminal case, comes back with a report showing possible 'insanity at the time of the offense', due to his extensive testing, results & prior medical issues that can be shown.....what can happen? Would a sudden Court hearing be set between Judge, Atty. & Prosec. deciding what possibilities? Or would there still be a Trial & if found guilty, then use this expert's report as mitigation?


Asked on 2/12/13, 7:21 am

1 Answer from Attorneys
Joseph Justice The Justice Law Firm

Insanity is a very complicated and difficult defense (explaining the whole thing would probably take hours). The state will probably choose to have the person evaluated by another doctor and see if additional doctors agree or disagree. It is a trial defense so it is something that is ultimately decided by a jury (after some legal hurdles). It is extremely rare that someone wins on this defense. If the person is actually found not guilty due to insanity at the time of offense the result is generally involuntary commitment at the state mental hospital.

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Answered on 2/12/13, 7:37 am


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