Vermont § 4817 - Competency to stand trial; determination
Full text of Vermont Vermont Statutes Online § 4817 — Competency to stand trial; determination, with citation guidance and answers to common questions.
§ 4817. Competency to stand trial; determination
- (a) A defendant shall be presumed to be competent and shall have the burden of proving
incompetency by a preponderance of the evidence. (b) A person shall not be tried for a criminal offense if the person is found incompetent
to stand trial by a preponderance of the evidence. (c) If a person indicted, complained, or informed against for an alleged criminal offense,
an attorney or guardian acting in the person’s behalf, or the State, at any time before
final judgment, raises before the court before which such person is tried or is to
be tried, the issue of whether such person is incompetent to stand trial, or if the
court has reason to believe that such person may not be competent to stand trial,
a hearing shall be held before such court at which evidence shall be received and
a finding made regarding the person’s competency to stand trial. However, in cases
where the court has reason to believe that such person may be incompetent to stand
trial due to a mental disease or mental defect, such hearing shall not be held until
an examination has been made and a report submitted by an examining psychiatrist or
psychologist in accordance with sections 4814–4816 of this title. (d) A person who has been found incompetent to stand trial for an alleged offense may
be tried for that offense if, upon subsequent hearing, such person is found by the
court having jurisdiction of the person’s trial for the offense to have become competent
to stand trial. (Added 1969, No. 20, § 4; amended 2023, No. 28, § 5, eff. July 1, 2023; 2023, No. 137 (Adj. Sess.), § 23, eff. July 1, 2024.)
Source: official Vermont text · Last verified 2026-08-27
Frequently Asked Questions About Vermont § 4817
What does Vermont Statutes Online § 4817 cover?
Section 4817 ("Competency to stand trial; determination") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 4817?
A common citation format is "Vermont Statutes Online § 4817" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 4817 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.