If you have a criminal case against you in the state of Virginia and you have an IQ of 60, does that matter?

Potentially, it very much could. There are two primary mechanisms through which the criminal courts in Virginia evaluate and weigh one’s mental state, as related to criminal charges.

The first is “Sanity At The Time Of The Offense”, namely, at the time of the offense (i.e. the act(s) constituting the criminal conduct, was/did the accused: i) Not understand the nature, character, and consequences of their act; OR ii) unable to distinguish right from wrong; OR iii) driven by an irresistible impulse they could not control. if any single or a combination of those existed in the mind of the defendant, they could potentially have a viable, not guilty by reason of insanity, defense (“NGRI”).

The second is “Competency To Stand Trial”,  namely, and distinguished from a sanity at the time of the offense analysis, does the accused lack substantial capacity to understand the proceedings against them or to assist their attorney in their own defense. if this exists prior to moving forward with the criminal proceedings, the accused must be returned to competency by way of mental health treatment, if they are able to be rehabilitated.

Both of these potential defenses evaluations can be raised by the Defendant (often via their defense attorney), prior to trial and by virtue of a motion for a sanity at the time of the offense AND/OR competency to stand trial. Upon the motion, being made the court regularly orders, both and more often than not become wealth covers. The inside expenses, for the evaluation(s).

The relevant statutes include, but are not limited to: 

Va. Code § 19.2-182.2, § 19.2-169.5 and § 19.2-168.1., § 19.2-271.6,  § 19.2-169.1.

If you feel like your daughter’s defense may benefit from either of these evaluations, I would discuss the same with her attorney ASAP.