If you were mentally ill when commiting your crime, you can be found Not Guilty By Reason of Insanity in Florida. The mentally ill Defendant will be put on Conditional Release and if he or she abides by the conditions of his or her release for a certain number of years, that person will be free again. You will most likely get the Insanity Defense if you did not injure your victim. The prosecutor has to agree to this and you will get interviewed by a forensic psychiatrist from the Defense and a forensic psychiatrist from the Prosecution. If both psychiatrists agree that you were insane at the time you committed your crime, you will get the Insanity Defense. If the psychiatrists are split, then you will have a trial and a jury or the judge will determine your guilt or innocence.
If the prosecutor and judge want to determine the competency of a defendant, that is different. It's whether the defendant understands the legal system, like the role of the judge, prosecutor, defense attorney, and jury. If you are found Incompetent To Stand Trial, you will be sent to a mental hospital until you are found Competent To Stand Trial and then brought back to county jail for a trial.
If the prosecutor and judge want to determine the competency of a defendant, that is different. It's whether the defendant understands the legal system, like the role of the judge, prosecutor, defense attorney, and jury. If you are found Incompetent To Stand Trial, you will be sent to a mental hospital until you are found Competent To Stand Trial and then brought back to county jail for a trial.
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