Competency and the Antisocial Personality

In determining competency to stand trial, a defendant's failure to cooperate based on an Antisocial Personality Disorder would usually be considered a voluntary choice by the defendant. As such, it would not lead to an opinion that the defendant is incompetent. The defendant's choice to not work collaboratively with his or her attorney and/or to be disruptive in court may become problematic for advancing the case. Such a defendant may not be suitable for self representation and certain limitations on the defendant's conduct may be necessary.