Virginia law prohibits trying individuals who are insane or feebleminded at the time of the offense. It also requires defendants to notify the prosecution if they plan to introduce expert evidence of insanity, with specific timing rules and consequences for late notice. These provisions aim to ensure fair trials and proper handling of mental health issues in criminal cases.
No, individuals who are insane or feebleminded cannot be tried for a criminal offense while they are in that state of mental incapacity.
The defendant or their counsel must give written notice to the Commonwealth's attorney at least 60 days before trial, or within 60 days after indictment if the trial is scheduled within 120 days.
The court may allow a continuance or, under certain circumstances, bar the defendant from presenting such evidence at trial.
No, any continuance granted due to late notice does not count toward the speedy trial period under Virginia law.