Facing Charges After a Mental Health Crisis

Facing criminal charges is frightening for anyone, but it can feel especially overwhelming when the arrest happened during a mental health crisis. Many people worry that the court will misunderstand what happened, or that their symptoms will be used unfairly against them. Washington law recognizes that mental health can play a critical role in whether a defendant can participate in their case and whether they had the mental state required for a crime. Two key legal concepts often come into play: competency to stand trial and diminished capacity.

Competency to Stand Trial: Can the Defendant Understand the Proceedings?

Competency focuses on a defendant’s present ability to participate in their own case. It does not evaluate guilt; it evaluates capacity.

Under RCW 10.77, a defendant must be able to

  1. understand the nature of the charges and the legal process, and
  2. assist their attorney in preparing a defense.

If there is reason to question those abilities, the court may order a competency evaluation. In Washington, these evaluations are typically conducted by a psychologist or psychiatrist through the state’s forensic mental health services.

Warning signs that may lead a court to order an evaluation include disorganized behavior in court, confusion about the charges, inability to communicate with counsel, hallucinations or delusions, or prior mental health history indicating possible impairment. Either the defense or prosecution can request an evaluation, and judges often err on the side of caution when the issue is raised.

What Happens During a Competency Evaluation?

A competency evaluation is not a traditional therapy session. It is a forensic assessment designed to answer two questions: whether the defendant understands the proceedings and whether they can meaningfully work with counsel.

The evaluator may review records, interview the defendant, speak with family members, or review arrest reports. They consider factors such as: whether the defendant understands the role of the judge and prosecutor, whether they can explain their version of events, whether their reasoning is distorted by mental illness, and whether they can follow courtroom rules and decisions.

The evaluator then provides a written report to the court with a conclusion: competent, not competent, or sometimes competent with assistance. Defense counsel has the opportunity to challenge the evaluator’s findings or request a second opinion if needed.

Restoration Services: What If the Defendant Is Found Incompetent?

If the court finds the defendant incompetent, the case does not simply go away. Washington law requires the court to pause the criminal proceedings and order restoration services. These services aim to stabilize the defendant and restore them to competency through medication, treatment, psychoeducation, and structured support.

Restoration typically happens either at a state hospital such as Western State Hospital or Eastern State Hospital, or through outpatient restoration programs when appropriate. The length of restoration depends on the charge and the individual’s treatment needs. Some defendants are restored to competency quickly; others may require longer treatment.

If restoration is successful, the case resumes. If restoration is unsuccessful after the statutory period, the court may consider civil commitment options under RCW 71.05, especially in cases involving serious mental health concerns.

Diminished Capacity: Mental State at the Time of the Offense

Competency deals with a defendant’s abilities during the case. Diminished capacity deals with the defendant’s mental state during the alleged crime. It is not an insanity defense. Instead, it argues that a mental disorder impaired the defendant’s ability to form the specific intent required for certain crimes.

Washington recognizes diminished capacity in cases where intent is a critical element, such as assault with intent, burglary, malicious mischief, certain domestic violence charges, and many felony offenses requiring purposeful action. To support this defense, expert testimony is almost always required.

The defense may present evidence that during the crisis the defendant experienced symptoms such as psychosis, mania, severe depression, PTSD, dissociation, or medication complications that interfered with their ability to understand their actions or act intentionally. This can lead to reduced charges, dismissal of specific-intent counts, or more appropriate resolutions in mental health court.

How Mental Health Courts Fit Into the Process

Many Washington counties operate mental health courts designed to divert eligible cases out of the traditional criminal system. These courts focus on treatment, stability, and long-term support rather than punishment. Participation may result in reduced charges or dismissal upon successful completion of a treatment plan.

Eligibility depends on the charge, risk level, and clinical needs, but defendants who experienced a crisis at the time of the offense are often strong candidates. Defense counsel can advocate for entry into these programs when appropriate.

Building a Strong Defense After a Mental Health Crisis

Every case involving mental health is unique. A strong defense strategy starts with a thorough review of medical history, treatment records, the timing of symptoms, witness statements, and any available body-camera footage. Early involvement of qualified mental health experts is often critical.

Competency issues may require immediate attention, while diminished capacity requires careful coordination of expert testimony and legal strategy. Evidence of a mental health crisis can also influence negotiations, sentencing, and diversion opportunities.

How Our Office Can Help

If you or a loved one is facing charges after a mental health crisis, you do not have to navigate the system alone. Washington’s criminal process can feel intimidating, especially when mental health is a central concern. Our office understands how to approach these cases with compassion and strategic precision. We work to ensure your rights are protected, your mental health needs are recognized, and every legal option is explored.

Contact the Law Office of Erin Bradley McAleer to schedule a consultation and discuss how we can help you move forward.