California Competency to Stand Trial Evaluations (Penal Code 1368/1369)
When a client's mental state raises doubt about their ability to understand the proceedings against them or assist in their own defense, a competency evaluation under Penal Code sections 1368 and 1369 becomes central to how the case moves forward. Whether you represent the defense or the prosecution, a clear, well-supported competency opinion can shape every decision that follows — from continuances and treatment orders to how a case is ultimately resolved.
What This Evaluation Addresses
A PC 1368/1369 evaluation examines whether a defendant currently has the capacity to understand the nature of the criminal proceedings and to rationally assist counsel in their own defense. This is a present-state inquiry, distinct from questions of sanity at the time of the offense, and the report is written with that legal standard squarely in mind — not as a general psychological workup, but as a focused, court-ready opinion tied directly to the statutory criteria.
Who I Work With
I accept referrals from both defense counsel and prosecutors, as well as court appointments, across California. Competency questions can arise at any stage of a case, and I'm available to consult early if you're trying to determine whether an evaluation is warranted in the first place.
The Evaluation Process
Each evaluation includes a thorough review of relevant records (charging documents, prior mental health history, custody records, and any prior evaluations), a clinical interview with the defendant, psychological testing where appropriate, and a malingering assessment, which is included as a standard part of nearly every competency evaluation. Collateral interviews are conducted when they would meaningfully inform the opinion. Given the time-sensitive nature of competency proceedings, these evaluations are typically completed within 1–2 weeks of referral.
What You Receive
A thorough, well-organized written report that directly addresses the legal standard for competency
Availability for pre-report consultation to clarify the referral question or case context
Testimony if the matter proceeds to a contested competency hearing
Rebuttal review of an opposing expert's competency evaluation, when appropriate
Why Attorneys Work With Me
I've been qualified as an expert witness in California courts and have completed hundreds of competency evaluations since entering private forensic practice in 2016, with court appointments across multiple California jurisdictions. Learn more about my background →
If you have a case where competency is in question, I'm glad to discuss the referral before you commit to a full evaluation — feel free to reach out to talk through the specifics.
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