Legal Question in Criminal Law in California

Re: incompetent to stand trial

It's a two step process. First, a "doubt" as to the defendant's competency. Criminal proceedings are suspended until that issue is resolved. If he's found competent, the clock starts again. If they are found to be not competent, they are then transferred to a state mental hospital for "restoration of competency" treatment. Once the doctors determine they're competent, they're sent back to face charges.

That process can be as short as 90 days, or a defendant may never be competent to stand trial. It all depends . . .