Competency to Stand Trial Evaluations in Indiana
A competency to stand trial evaluation determines whether a defendant can understand the criminal proceedings and assist their attorney in their own defense. Dr. Sanya Virani is a board-certified forensic psychiatrist in Indianapolis who conducts competency and criminal responsibility evaluations as a forensic evaluator for Marion County Superior Court and for retained defense and prosecution counsel.
The legal standard
Competency is about the defendant's present mental state, not the state of mind at the time of the alleged offense. Courts generally ask whether the defendant has:
- a factual understanding of the charges and the proceedings, and
- a rational understanding of them, and
- a sufficient present ability to consult with counsel with a reasonable degree of rational understanding.
In Indiana, when there are reasonable grounds to believe a defendant lacks the ability to understand the proceedings and assist in the defense, the court appoints qualified evaluators to examine the defendant and report to the court.
What the evaluation includes
- Review of charging documents, police reports and prior mental health records
- Clinical interview in jail, in the community or by video
- Structured competency assessment of understanding and reasoning
- Screening for malingering where indicated
- Assessment of psychiatric illness, intellectual disability and substance-related conditions
- A written report with an opinion and, when the defendant is not competent, whether restoration is likely
Related criminal evaluations
- Criminal responsibility (insanity defense)
- Sentencing mitigation
- Risk and recidivism assessment
- Juvenile justice evaluations
- Role of intoxication, withdrawal or substance-induced psychosis
Competency restoration
When a defendant is found not competent, the case is usually paused while the defendant receives treatment aimed at restoring competency. This often means medication for psychotic or mood symptoms, education about court proceedings, and treatment of substance use. Dr. Virani's experience as Director of Addiction Services and forensic psychiatrist at a Massachusetts state psychiatric hospital, and as a consultant to Western State Hospital in Washington, informs her opinions on whether restoration is likely and what it will require.
Timeline
Court orders set the deadline. Dr. Virani schedules the interview promptly after records arrive and communicates early with counsel or the court if additional records or collateral interviews are needed. For retained work, a verbal opinion can be given before the written report so that counsel can plan next steps.
About Dr. Virani
Dr. Sanya Virani, MD, MPH, FAPA, is triple board-certified by the American Board of Psychiatry and Neurology in general psychiatry, forensic psychiatry and addiction psychiatry. She completed her forensic psychiatry fellowship at the Warren Alpert Medical School of Brown University and her addiction psychiatry fellowship at Yale School of Medicine, and is Assistant Professor of Clinical Psychiatry at Indiana University School of Medicine. Full credentials.
Frequently asked questions
What is the difference between competency and insanity?
Competency concerns the defendant's present ability to understand the case and help their lawyer. Insanity (criminal responsibility) concerns the defendant's mental state at the time of the alleged offense.
Who can request a competency evaluation in Indiana?
Defense counsel, the prosecutor or the court can raise the question. When there are reasonable grounds, the court appoints evaluators; attorneys can also retain an independent expert.
Can a competency evaluation be done in jail?
Yes. Evaluations are done in jail, in the community or by secure video, depending on the court's order and the defendant's location.
What happens if the defendant is found not competent?
Proceedings are generally paused and the defendant is referred for competency restoration treatment. The evaluator's report usually addresses whether restoration is likely.
Does drug or alcohol use affect competency?
Acute intoxication or withdrawal can temporarily impair competency, and long-term substance use can cause lasting cognitive problems. Dr. Virani is also board-certified in addiction psychiatry and addresses these issues directly.
Request an evaluation
Attorneys, courts, employers and licensing boards can call (463) 282-7235, email sv@forensicsandaddiction.com, or book a free 15-minute intro call. Expert witness time is billed at $475 per hour. Evaluations are available in person in Indianapolis and Lakewood, WA, and by secure video where the jurisdiction allows.