When you or a loved one is facing legal issues related to a mental health condition, it can be difficult to understand what to do next. California law is often confusing, and it’s tough to understand the role of a mental health diagnosis.
If you are held against your will on a 5150 hold, or if you are accused of a crime, our Huntington Park mental health lawyers can help you understand your situation and your rights. Then, we’ll work for the best possible outcome for your situation.
Our team at Simmrin Law Group has decades of legal experience advocating for the rights of people with mental illnesses. Call today to discuss your case and find out how our mental health lawyers can help.
How Can a Mental Health Lawyer Help if You Are Accused of a Crime?
If you have been arrested in California and have a mental health disorder, it is important to consult with a lawyer who understands clients in your position. A skilled attorney can potentially help you avoid jail time and get the assistance you need.
Some of the ways our Huntington Park mental health attorneys may be able to help include:
Protecting Your Legal Rights
Your attorney can help you understand your rights, the specifics of your charges, and the purpose of upcoming court proceedings. We will investigate your charges and the handling of your case, ensuring your due process rights are respected.
Advocating for Appropriate Evaluation and Treatment
Your lawyer can request a psychological evaluation to assess your mental health and argue for treatment over punishment. This may include placement in a mental health facility or supervised care instead of incarceration.
Arguing for Diversion Programs
California offers mental health diversion programs that allow you to receive treatment instead of jail time. If you are eligible, we can petition the court for a diversion program and gather the medical and legal evidence that supports your eligibility.
Arguing for Reduced Charges or Sentencing
If a diversion program isn’t possible, we can argue for reduced charges or lighter sentencing due to your mental health condition. Our success may depend on factors such as your diagnosis and the severity of your crime.
For a free legal consultation with a mental health lawyer serving Huntington Park, call (310) 896-2723
Understanding Involuntary Psychiatric Holds
An involuntary psychiatric hold is a legal process that allows individuals experiencing a mental health crisis to be detained without their consent for evaluation and treatment. In California, this is commonly referred to as a 5150 hold.
A police officer or licensed mental health professional can initiate a 5150 to hold you for 72 hours without your consent if you:
- Pose a danger to yourself
- Pose a danger to others
- Are gravely disabled and unable to provide for your basic needs, such as food, clothing, or shelter
The purpose of the hold is to provide emergency care, professional evaluation, and assessment, not to punish you. Nevertheless, if you or a loved one is detained under a 5150 hold, it is important to reach out to a mental health lawyer in Huntington Park for advice.
5250 Holds in California
After a 72-hour 5150 hold ends, you can be released if you no longer meet the criteria for involuntary detention. You may choose to continue care voluntarily at a mental health facility.
However, if you are still considered a danger to yourself, a danger to others, or gravely disabled, and you refuse voluntary care, the facility can initiate a 5250 hold. This allows for up to 14 additional days of involuntary psychiatric treatment.
The 5250 Review Process
Once a 5250 is initiated, a review hearing must occur within four days. During this hearing, a neutral officer will review your case. You have the right to legal representation and to present evidence in your favor.
Depending on the outcome of the hearing, you may continue under the 5250 hold, you may be released, or you may voluntarily agree to stay for treatment.
Huntington Park Mental Health Lawyer Near Me (310) 896-2723
Diversion and Community Restoration Programs
Under California Penal Code §1001.36, if you have a mental health disorder and you are facing criminal charges, you may be able to receive treatment through Diversion and Community Restoration Programs instead of going through the traditional criminal justice system.
The purpose of diversion programs is to prioritize rehabilitation over punishment. It’s designed to give individuals living with mental illness a chance to address the underlying causes of their behavior, receive appropriate care, and move forward without a criminal record.
Who Is Eligible for a Diversion Program?
Your lawyer can petition the court for a diversion program and present evidence. If the court approves, your criminal proceedings will be paused while you undergo treatment.
Eligibility for the pre-trial diversion program requires proving certain facts to the court. Your attorney can help you demonstrate that:
- You have a diagnosable mental disorder
- Your disorder played a significant role in the alleged criminal offense
- Your symptoms would respond to treatment
- You are willing to consent to treatment and waive your right to a speedy trial
- You do not pose a risk to the public
Diversion programs are not typically available for those facing very serious charges such as murder or rape.
What Happens During Diversion Programs?
Diversion programs can last up to two years, during which you are expected to comply with all court-ordered conditions. These may include treatment, counseling, taking prescribed medications, and attending regular appointments.
Throughout the program, the court receives periodic reports on your progress. If you successfully complete the program and meet all requirements, your criminal charges will be dismissed.
However, if you fail to comply or do not complete the program, the court can resume criminal proceedings and move forward with the original charges.
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Get Help From a Huntington Park Mental Health Attorney
Legal issues are hard for anyone to deal with, but they can be especially tough if you are struggling with a mental health condition. If you or a loved one is currently under a 5150 hold or if you are accused of a crime, get help from our Huntington Park mental health attorneys.
At Simmrin Law Group, we’ve helped thousands of clients over the past two decades, many of them just like you. Call today to discuss your case.
Call or text (310) 896-2723 or complete a Free Case Evaluation form