- Mind matters cognition can affect intent and competency.
- Get evaluated qualified assessment early can change strategy.
Sometimes the most important fact in a criminal case is not what happened on the date of the offense. It is how the accused person's mind works. FASD, serious mental illness, intellectual disability, or another cognitive condition can affect intent, competency, statements, sentencing, and what justice should look like.
Competency to stand trial
A case cannot proceed normally unless the defendant can understand the proceedings and participate in the defense. When competency is in question, it must be raised and evaluated properly.
FASD, diminished capacity, and mental illness
Cognitive and psychological conditions can affect judgment, impulse control, memory, intent, police interviews, competency, and sentencing.
The right evaluators matter
Keil Defense works with evaluators and experts when mental health, FASD, or cognitive functioning is central to the defense.
What is at stake
- Competency to stand trial
- Diminished capacity and intent issues
- Reliability of statements or interviews
- Sentencing, treatment, probation, and service-plan consequences
What the defense examines
- FASD, serious mental illness, intellectual disability, or cognitive impairment
- Competency evaluation and ability to assist in defense
- Expert witnesses, evaluators, and treatment records
- How to present the person, not just the charge, to the court
Updated May 18, 2026 · Law verified as of May 18, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
What does it mean to be found incompetent to stand trial?
It means the court has determined that, at that time, the person cannot adequately understand the proceedings or assist in the defense. The case cannot proceed normally until competency is addressed.
Can FASD or mental illness be a defense?
It depends on the case. A cognitive or psychological condition can be relevant to intent, statements, competency, sentencing, and resolution strategy.
My family member has a diagnosis the last lawyer ignored. Can that be raised now?
Often, a relevant condition can still be reviewed. Keil Defense would need to evaluate the case, diagnosis, records, and procedural posture.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.