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§ 3-104. Court determination of competence

West's Annotated Code of MarylandCriminal Procedure

West's Annotated Code of Maryland
Criminal Procedure (Refs & Annos)
Title 3. Incompetency and Criminal Responsibility in Criminal Cases (Refs & Annos)
MD Code, Criminal Procedure, § 3-104
§ 3-104. Court determination of competence
Incompetency apparent before or during trial
(a) If, before or during a trial, the defendant in a criminal case or a violation of probation proceeding appears to the court to be incompetent to stand trial or the defendant alleges incompetence to stand trial, the court shall determine, on evidence presented on the record, whether the defendant is incompetent to stand trial.
Finding of competence
(b) If, after receiving evidence, the court finds that the defendant is competent to stand trial, the trial shall begin as soon as practicable or, if already begun, shall continue.
Reconsideration of competency finding
(c) At any time before final judgment, the court may reconsider the question of whether the defendant is incompetent to stand trial.


Added by Acts 2001, c. 10, § 2, eff. Oct. 1, 2001. Amended by Acts 2006, c. 353, § 1, eff. Oct. 1, 2006.
MD Code, Criminal Procedure, § 3-104, MD CRIM PROC § 3-104
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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