Can Dementia Trigger Incompetency to Stand Trial in Arizona?


The recent case of an Arizona man with Alzheimer’s who said he robbed a credit union because he could not afford to live on his social security check, raises questions of whether dementia can trigger incompetency to stand trial in Arizona.

A report in noted Robert Francis Krebs told FBI agents that he didn’t even put on a disguise during the robbery in 2018 because he wanted to get caught and to go back to prison.

Dementia and incompetency to stand trial in Arizona
Dementia can leave a defendant incompetent to stand trial

A court hearing in June considered whether Krebs, 82, was mentally fit to stand trial.

His attorneys told a judge Krebs reported having symptoms of Alzheimer’s disease. A neuropsychologist concluded he was not competent to stand trial for robbery because he was suffering from dementia.

Two other mental health experts disagreed with the assessment. reported one of them said Krebs exaggerated his degenerative condition to avoid prosecution. The report noted a judge faces deciding if Krebs should be assessed to find out if his condition improves. If he cannot be restored to competency the robbery charge might be dismissed.

Krebs has previously served 30 years in prison for a bank robbery committed in Florida in the 1980s.

Prosecutors in the case argue Krebs is competent to stand trial. They urged a judge to find him competent, saying he told FBI agents he carried out the Tucson robbery because he was not able to live on $800 a month in Social Security benefits.

Competency to stand trial depends on whether a defendant is able to understand the proceedings being brought and give effective advice to his attorney. Conditions like Alzheimer’s and dementia can trigger incompetency to stand trial in Arizona.

You can find out more about the competency rule, also known as Rule 11 on our website. As soon as a defendant has been charged with an offense in Arizona, any party to the case can file a motion with the court seeking a competency determination on the defendant. This includes the court itself.

The court will consider all evidence and seek expert input on the competency of the defendant. If you or a family member fails to grasp what is going on during a legal proceeding, you should not be convicted or sentenced to a crime. Please call Garcia Law PLC for more advice and help at (602) 340-1999.

Posted in Mental Health Defenses, Rule 11 | Tagged |

What are Telltale Signs of Mental Health Symptoms in Defendants?


Mental illnesses are not always obvious to outsiders. On occasions, offenders are not aware they are suffering from a mental health disorder. Family members are often oblivious and the criminal justice system fails to recognize the signs.

At the Garcia Law Firm, we have a long record in helping people with mental illnesses after their arrest. We are familiar with the symptoms these disorders and will vigorously defend the rights of those who do not have full control of their mental faculties in the Arizona courts.

It’s not always easy to recognize the signs of mental illness. The American Psychiatric Association points out small changes or a feeling that something is not right can be indicators of mental illness.

Understanding Mental health symptoms in defendants

Mental health symptoms in defendants are often complex

The association points to the following telltale signs of mental health symptoms in defendants that can point to a more serious issue.

If you or a family member identify any of the following signs, you should contact an experienced mental health professional.

Changes in mood. Dramatic mood swings, lows, and highs, shifts in emotions or sudden and acute feelings of depression can be signs of mental illness.

Changes in appetite and sleep. Sudden changes in appetite or the onset of insomnia or other sleeping problems can point to underlying mental health issues.

Decreases in performance. Sudden drops in functioning whether performance at work, at school or on the sports field can be indicators of the onset of mental health problems.

Withdrawal. Mental health problems can be associated with a withdrawal from social events and activities or an unwillingness to engage with other people.

Increased sensitivity. The onset of a mental health disorder often causes increased sensitivity to sounds, smells, sight, or touch. People with a mental health condition may seek to avoid over-stimulation.

Loss of interest. Apathy is a common symptom of psychological problems.

Cognitive problems. Issues with memory, concentration or logical thought are often associated with mental health disorders.

Fear and nervousness. People with mental illness often feel nervous and anxious and fear everyday situations.

Feeling disconnected. A sense of unreality or being unconnected with what is going on around you is associated with many conditions.

Illogical thoughts. People who suffer from mental illnesses may not think logically. They have exaggerated feelings about their own abilities. People who have been arrested may not be able to appreciate the full seriousness of their predicament.

Unusual behavior. Mental disorders can cause odd and unusual behavior if they are not properly treated. Juries may be unsympathetic to this kind of behavior if they are not aware of a defendant’s condition.

Many symptoms of a mental disorder begin at an early age. About 50 percent of mental disorders become apparent by the age of 14, according to the American Psychiatric Association. The warning signs are apparent to three-quarters of sufferers by the age of 24.

Some people suffer mental disorders later in life after a traumatic brain injury.

It’s vital that your condition is diagnosed if you are dealt with in the criminal justice system. If you suspect your loved one has a mental health disorder, call us today. Our attorney is well versed in recognizing mental health symptoms in defendants. While you should contact a qualified medical professional as soon as possible if you recognize warning signs, call us at (602) 340-1999 to defend your mentally ill family member in the Arizona justice system.

Posted in Mental Health Defenses, Rule 11 | Tagged |

The Importance of Rule 11 in Arizona


During a trial in Arizona, a defense attorney may ask for a Rule 11 evaluation of his or her client. Under Rule 11, the defendant has the right to a full mental examination and hearing when reasonable grounds exist for it.

A Rule 11 hearing may be held when a defendant is suspected of being mentally incompetent. This hearing is granted when there is substantial evidence of mental incompetence. Doctors will determine the mental competency of the defendant at the hearing.

A hearing under Rule 11 of the Arizona Rules of Criminal Procedure may be held when reasonable grounds exist to suggest the defendant is not able to understand the nature of a criminal proceeding against him and to assist in his or her defense.

A Rule 11 hearing in Arizona

The process during a Rule 11 hearing

The rule is meant to establish whether the defendant has sufficient mental ability to understand what is going on. Criminal trials are adversarial by their nature. It’s a format the criminal justice system has followed for centuries. However, this format is a difficult one for people who can’t comprehend the proceedings.

What Happens in a Rule 11 Hearing?

Typically, the process involves two doctors who examine the accused to assess his or her level of comprehension. Typical questions may be:

  1. What is your level of understanding of the proceedings?
  2. What is the role of a jury in a criminal case?
  3. Are you aware of the nature of a plea bargain?
  4. Are you fully aware of the charges against you?

The definition of incompetency under Arizona law is identical with that adopted by the U.S. Supreme Court for the federal courts.

A defendant cannot be tried by a court, convicted of a crime, sentenced or punished for a public offense as a result of a mental defect, illness, or disability, when the defendant is unable to understand the proceedings against him or her or to provide assistance in his or her own defense. A mental illness, defect or disability is defined as a neurological or psychiatric disorder demonstrated by evidence of behavior or emotions caused by an injury or disease and developmental disabilities as set out in A.R.S. § 36-551.

The presence of a mental defect, illness, or disability alone is insufficient grounds for finding a defendant incompetent to stand trial. The deliberations hinge on the narrow question of whether the defendant is aware of the proceedings and is able to advise his attorney.

If both doctors agree a defendant is competent, he or she typically will return to the court and have to face the charges. If the doctors are split, the defendant will usually have to see a third doctor.

When two doctors believe the defendant is not competent to stand trial under Rule 11, the state must determine whether or not it wants to dismiss the charges. A defendant may be sent to a mental health hospital and detained if he is deemed a threat to himself or the community. A defendant not deemed to be a threat may be released.

In some cases, the doctors may decide the defendant is not competent at the time of the trial but could become competent at a later date through treatment or medication.

Under the restoration process, the doctors typically follow a six-month plan. At the end of that time, if they have determined that you are restored, you will go back to the court to answer the charges.

Bernardo Garcia is a veteran Arizona criminal law attorney who offers free consultations in Maricopa County.  If you or a loved one has been arrested for a crime, contact us today for a free consultation.

Posted in Arizona Laws, Rule 11 | Tagged , |

Understanding Arizona’s Rule 11


In the state of Arizona, mentally ill defendants have a right under Rule 11 to be examined for mental fitness concerning trial. If the defendant is suspected to be mentally incompetent, meaning unable to understand trial proceedings and assist in their defense, they will undergo a Rule 11 hearing. There must be substantial evidence of this mental incompetence before the defendant is granted a Rule 11 hearing. In this hearing, doctors will determine the mental competency of the defendant.

This process usually consists of two doctors performing the evaluation. Questions are asked in this evaluation such as:

  • What is the role of the jury?
  • What is the role of the judge?
  • Do you know what a plea bargain is?
  • Do you understand the charges placed against you?

court trialThe doctors then come to an agreement on whether or not the defendant is competent enough to understand trial and assist in their defense. If the doctors do not agree, a third doctor will be brought in to assist in the determination. In some cases, the doctors can rule the defendant incompetent at the time of the hearing, but they believe the defendant will be able to understand the trial through either medication or education. In those instances, the defendant will undergo the process for around 6 months.

After the doctor evaluation, the defendant will be brought back to court to determine whether they will be sent to a facility or if the case will be dismissed. Determining whether the defendant is sent to a facility is based on four criteria: is the defendant a harm to themselves or society, persistently and/or acutely disabled, or if they are severely disabled.

Fair trial is a constitutional right and Rule 11’s aim is to uphold that right. If you or someone you love is mentally ill and being charged, give us a call today. As experienced, caring attorneys, we specialize in mentally ill defense and have the tools to make sure you receive a fair trial.

Posted in Arizona, Arizona Laws, Mental Health Defenses, Rule 11 | Tagged , , , , |