While awareness of mental illnesses has increased over the years, many conditions are still met with stigma and mistreatment. Police officers responding to an alleged crime are among the first parties to dismiss a person’s mental health in favor of abrupt and forceful violence.
You don’t have to let officers get away with mistreating you, particularly if they try to use your mental illness to worsen your post-arrest treatment. Carson criminal defense lawyers can defend you from the harsher penalties that might come with a criminal conviction.
You can connect with Simmrin Law Group today to build your mental health diversion case. We have handled over 100 jury trials and are prepared to fight for you.
Mental Illness and its Place in Criminal Court
Certain mental illnesses can make it difficult for a person to understand how their behavior or beliefs break the law. Unfortunately, these same parties may have a difficult time communicating their intentions to arresting officers. Under the worst circumstances, these parties may find themselves accused of unintentional belligerence or disrespect in addition to other crimes.
Most arresting officers in California do not receive de-escalation training. Likewise, officers are rarely trained to recognize mental illnesses, particularly not in instances where a mental illness endangers the public and a private actor. That lack of training can see people with mental illnesses sorely mistreated upon their arrest and later detainment.
All the while, certain mental illnesses may make it difficult for the arrested party to understand why they’re being detained. Their fear, compounded by their condition and other environmental factors, may make them lash out. The last thing these people need is imprisonment, particularly within a system that refuses to understand them.
For a free legal consultation with a mental health lawyer serving Carson, call (310) 896-2723
Challenging Criminal Charges and Prison Time
Our mental health attorneys in Carson believe that people with mental health conditions should not be sent to jail for criminal offenses. Instead, we argue that our clients need treatment. A combination of mental health care and rehabilitation services can ensure that a person no longer presents a danger to themselves or the general public.
It’s with these beliefs in mind that we advocate for our clients’ right to participate in mental health diversion programs. These programs serve as alternatives to traditional jail time or imprisonment. The completion of a mental health diversion program can see the criminal charges brought against a person reduced or dropped.
Carson Mental Health Lawyer Near Me (310) 896-2723
Qualifying for Mental Health Diversion
Only certain parties qualify for mental health diversion programs. If you want to participate in a program, you must prove that:
- You have a qualifying mental illness as outlined in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)
- Your mental illness must have impacted your alleged crime
- You agree to waive certain rights, including your right to a speedy trial
- You admit that your mental illness makes you a risk to yourself or the public
The mental illnesses that specifically allow a person to qualify for a mental health diversion include the following:
- Depression
- Anxiety disorders
- Schizophrenia
- Post-traumatic stress disorder
Many courts will require parties requesting participation in a mental health diversion program to undergo strenuous testing to prove that they have one of these qualifying conditions. Our criminal defense lawyers in Carson can represent you throughout this process.
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Who Doesn’t Qualify for Mental Health Diversion
Unfortunately, some factors can prevent you from qualifying for participation in a mental health diversion program. For example, if you have a mental illness that falls outside of the qualifying conditions, you may have to contest the heart of your alleged crime to avoid jail time.
Other excluding factors include the following:
- The circumstances surrounding your criminal charges, including the severity of your alleged crime
- Previous charges of violence, sexual abuse, or other sex crimes
- Diagnoses of pedophilia, borderline personality disorder, and/or antisocial personality disorder
- A history of criminal misconduct and convictions
If you find yourself struggling to qualify for a mental health diversion program, don’t panic. You can work with a mental health attorney in Carson to discuss how to present your case for participation in criminal justice. Our team can also discuss what defenses might keep you from facing felony or misdemeanor charges.
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5150 and 5250 Holds: What Carson Mental Health Lawyers Know
Unfortunately, not everyone knows that they have the right to join a mental health diversion program. Parties who can’t advocate for themselves or who don’t work with knowledgeable mental health attorneys can find themselves placed under 5150 holds.
5150 holds can see a person involuntarily detained for up to 72 hours due to a perceived mental health crisis. These holds require a person to undergo psychiatric hospitalization regardless of their other needs. While well-intended, these holds can worsen a person’s mental health and put them in physical danger.
Officers may even escalate cases to a 5250 hold. 5250 holds build on the 72 hours of involuntary hospitalization that come with a 5150 hold. They imply that a person still poses a threat to themselves and others and allow the state to continue detaining an at-risk person for another 14 days.
Knowing Your Rights During Involuntary Holds
If you find yourself involuntarily detained, know that you still have rights. You specifically retain your:
- Right to judicial review
- Right to habeas corpus
- Right to request representation from a lawyer
- Right to have your circumstances explained
- Right to refuse medication in non-emergency situations
- Right to file care grievances
- Right to see and speak with visitors
If you suspect a psychiatric institution of violating your rights, get in touch with a Carson mental health attorney as soon as you can. We can step in, appeal your hold, and make sure a court addresses your mistreatment.
Let Our Team Defend Your Best Interests
Mental illnesses can make people behave in ways contrary to their nature and intentions. Unfortunately, officers of the law are slow to recognize the impact mental illness can have in alleged criminal cases. Likewise, these parties can often mistreat people who only lashed out due to a mental illness.
If you suspect your mental illness has contributed to criminal accusations brought against you, don’t panic. Carson mental health attorneys with Simmrin Law Group can defend you against misinterpretations of your condition and mistreatment in the criminal system. You can contact us today to secure the representation you need.
Call or text (310) 896-2723 or complete a Free Case Evaluation form