How Do Mental Health Evaluations Affect Defense Strategies in Florida Murder Cases?

What Is a Mental Health Evaluation, and How Is it Used in Florida Murder Cases?

A mental health evaluation is an extensive examination performed by a mental health professional. Its purpose is to identify and diagnose any mental health conditions, the extent of those conditions, and whether or not they can be successfully treated. In Florida, each judicial circuit is ordered to keep a list of disinterested qualified experts who can conduct evaluations and, if necessary, testify in the case.

These evaluations are often used in various legal situations, and at times, the court orders someone to be evaluated as part of their court case. This may be done at the recommendation of attorneys involved in the case, probation officers, or others who have an interest in the case and have concerns about the charged person’s mental health.

For murder cases, a mental health evaluation could be ordered for several reasons, including:

• The person charged with the crime (known as the defendant) may have been considered insane at the time the alleged murder occurred.
• The defendant may be found incompetent to stand trial.
• The defendant may need to be hospitalized voluntarily or involuntarily.

Once the evaluation has taken place, it usually takes about 7-10 days for the mental health professional to complete the results. Sometimes, the court will order an expedited evaluation, which must be completed within 48 hours.

Why Are Court-Ordered Mental Health Evaluations Considered Important in Criminal Cases, Including Murder?

There are several reasons the court will order a mental health evaluation for someone charged with a crime, including homicide and murder.

• Public safety. If the person charged is potentially dangerous to themselves or others, they may need treatment to reduce the public safety risk.
• Fairness. Someone with mental health concerns may not be capable of contributing to their own defense. Ensuring they’re diagnosed and have access to treatment can lead to a fairer case overall.
• Sentencing. Mental health evaluations can give judges the information they need to determine if the defendant can stand trial and face conviction or if they’re in need of rehabilitation or hospitalization before those things can happen.

What Factors Go Into Finding Someone Incompetent to Stand Trial Due to Mental Health Issues?

There are several factors in determining if someone is capable of standing trial or is unable to (thus incompetent). The evaluator will assess whether or not the defendant can:

• Understand the legal charges or allegations that have been made against them.
• Competently discuss the case with their attorney and coherently answer questions that may benefit their defense.
• Testify on their own behalf in court if needed.
• Understand what consequences may be expected if they’re convicted and what the outcome and long-term ramifications of those consequences are.
• Behave appropriately in the courtroom.

How Is Someone Found Not Guilty of Murder By Reason of Insanity in Florida?

Florida law explicitly notes that all people are presumed to be sane as a foundation. If someone is thought to have been insane at the time the crime was committed, that’s called an affirmative defense, and the defense attorney has the burden of proving the person was, in fact, insane. Usually, in criminal court, people are considered innocent until proven guilty, and the prosecutor has the burden of proving the charged person’s guilt. Similarly, the defendant is considered sane unless proven otherwise. In that case, the defense attorney must prove the insanity.

Proving insanity as a defense has two crucial conditions, at least one of which must be proven by the defense attorney.

• The defendant didn’t know or understand what they did or didn’t know or understand what the consequences would be.
• The defendant did, in fact, know what they were doing and the potential consequences (that someone would die); they didn’t understand that what they were doing was wrong.

If neither of these can be proved, it’s difficult to convince the court not to convict based on insanity. That’s why it’s vital to work with an experienced criminal defense attorney who understands the law and what is needed to provide the required evidence.

What Treatments Could the Court Order the Defendant to Undergo After a Mental Health Evaluation?

Every mental health evaluation involved in a criminal case, including murder, is unique. What the court decides to order as an outcome of the assessment depends on multiple variables, including the type and severity of the mental health condition, the defendant’s age and history, the risk to public safety, etc.

In Florida, the defendant may be ordered to go to the Mental Health Court, which is comprised of a variety of mental health professionals. The defendant may be hospitalized or ordered to attend therapy. There are other treatments that may be added to the case, including treatment for addictions.

What Should I Do if I’ve Been Charged with Murder and Ordered to Undergo a Mental Health Evaluation?

Call The Law Firm of Gil Colón, Jr. as soon as possible at 863-622-9602 to schedule a free case evaluation. These are serious charges and a mental health evaluation may or may not help your case. We can study your case’s specifics and help you understand the possible outcomes and scenarios and how to prepare a defense. We know this is stressful and frightening, and we’re here to help you through this difficult time.