Untreated mental illness can cause people to act unreasonably, and many individuals charged with crimes have mental health issues that influence their behavior. In such cases, a mental health lawyer in Cerritos can help avoid the harsh penalties associated with criminal convictions.
For over 19 years, the Simmrin Law Group has been defending the rights of those facing criminal charges in California. Our experienced criminal defense lawyers in Cerritos help clients get the medical care they need. Contact us for a free consultation.
Mental Health Attorneys in Cerritos Review Legal Options
Individuals diagnosed with mental health problems are not always incarcerated for offenses. Rehabilitation and treatment are an alternative in many cases, especially when the criminal behavior is linked to mental health issues.
Eligible offenders can enter mental health diversion programs as an alternative to traditional criminal prosecution in California. Addressing underlying mental health needs is more beneficial than simply imposing punishment.
For a free legal consultation with a mental health lawyer serving Cerritos, call (310) 896-2723
An Overview of the Mental Health Diversion Option
A mental health diversion program lets a defendant with a qualifying mental disorder receive court-ordered treatment instead of going to jail. If you are wondering what a mental health lawyer does and why you should consult them, they review and explain all the options available to their client.
If the defendant completes the treatment plan and meets the program’s requirements, the prosecutor may dismiss the original charges. This helps the individual avoid a criminal record while still being held accountable through the program. However, if the defendant does not follow the program, the district attorney can reinstate the original charges.
Cerritos Mental Health Lawyer Near Me (310) 896-2723
Qualifying for Mental Health Diversion
Not everyone facing criminal charges can opt for a mental health diversion program. To qualify, certain criteria must be met. A mental health attorney in Cerritos will review your case and determine whether or not this is a valid option.
Qualifying factors for mental health diversion include:
- A mental health disorder recognized by the Diagnostic and Statistical Manual of Mental Disorders (DSM), with some exceptions, including antisocial personality disorder, borderline personality disorder, or pedophilia.
- The disorder was an important contributing factor to the criminal offense. There must be a clear link between mental health problems and criminal behavior.
- A mental health professional has to determine that the mental health diversion would likely lead to a positive outcome in this case.
- Consent must be given to participate in this program and comply with all conditions, including waiving the right to a speedy trial.
- The court has to find no unreasonable risk to public safety if the defendant enters the mental health program instead of facing prosecution.
By meeting these criteria, the defendant could avoid jail and receive court-ordered mental health treatment instead. Upon successful completion of the diversion program, the original charges can be dismissed.
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What Are the Requirements of Mental Health Diversion?
To participate in a mental health diversion program, certain requirements must be fulfilled. These criteria vary depending on the mental illness, treatment plan, crime, and other factors.
For example, the defendant might be asked to:
- Participate in inpatient or outpatient treatment
- Go to mental health
- Go to counseling or group therapy
- Take medication
- Remain in a treatment facility
Mental health programs generally span from six months to two years. Individuals who cannot afford the program may be eligible for a low-income option, depending on their financial circumstances and case specifics. Simmrin Law Group can determine if this applies to your case.
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We Also Handle 5150 and 5250 Cases
California has legal provisions known as the 5150 hold and the 5250 hold that address involuntary psychiatric treatments. These codes mention the circumstances under which an individual might be detained and held for psychiatric evaluation. They might also have to follow a treatment plan.
The 5150 Hold
A 5150 hold permits a psychiatrist, law enforcement officer, or other mental health professionals to involuntarily confine someone for up to 72 hours for psychiatric evaluation and treatment. This can only happen if they are deemed a danger to themselves, to others, or severely impaired due to a mental health crisis.
A 5150 hold lawyer in Cerritos advocates for clients, representing individuals subjected to the hold or those seeking to initiate the hold to protect a loved one’s wellbeing.
The 5250 Hold
An extended treatment period can begin after a 5150 hold if the individual is still seen as a danger or gravely disabled. The 5250 hold allows for up to 14 additional days of involuntary psychiatric treatment and evaluation.
A 5250 hearing lawyer in Cerritos interviews witnesses, gathers evidence, and builds a case to argue against or for the extended hold. We also provide guidance during the hearing, addressing ongoing legal issues and helping navigate the mental health system.
Call Our Experienced Mental Health Attorneys in Cerritos
California acknowledges the difficulties mental health problems pose for individuals and local communities. The state has established policies and programs to divert those dealing with mental illness away from the criminal justice system and towards valuable support.
Defendants facing a criminal charge due to mental health challenges must act promptly. Contact Simmrin Law Group today for a confidential consultation, and let us help you. We will review all the available options for every case and offer the information you need to make confident decisions.
Call or text (310) 896-2723 or complete a Free Case Evaluation form