If you suffer from a mental illness and are facing legal issues, you are likely keenly aware of the unique struggles that you face. Especially if you are facing criminal charges, it can be incredibly difficult to deal with the court system and the extra challenges that it places on those with mental illnesses.
If you have a mental illness and are facing legal issues, you need the help of a highly skilled Los Angeles mental health attorney. Do not try to face the criminal justice system alone; contact a mental health lawyer in Escondido today for a free consultation and case review.
California Mental Illness
If you suffer from a mental illness you might feel ostracized or like an outcast. It can feel like you are the only person in the world who is in your situation. However, this could not be farther from the truth, and unfortunately, thousands of people are imprisoned in California with mental illnesses.
In fact, this is an issue that law enforcement is well aware of. The San Diego County Sheriff’s Department found that a majority of the inmates in their local prisons suffer from some kind of mental illness. While the authorities in California are attempting to take steps to mitigate the issues that mental health can cause within the justice system, it is not nearly enough.
When it feels like no one is on your side, you need the assistance of a skilled Escondido mental health attorney.
For a free legal consultation with a mental health lawyer serving Escondido, call (310) 896-2723
California Mental Health Courts
The State of California has tried in recent years to “fix” the problems that mental health causes within the justice system. One of the solutions that California put into place was the mental health courts. Mental health courts provide an alternative to traditional courts, whose goal is to treat and rehabilitate mentally ill defendants rather than punish them.
Mental health courts accept people who have committed crimes with mental illnesses that can be shown to have played a part in the crime. The goals of the mental health courts are to:
- Help its participants return to society;
- Reduce re-offender rates;
- Increase public safety;
- Improve the mentally ill person’s quality of life.
Mental health courts are helpful to criminal defendants because they focus on treatment, not punishment. A mental health attorney in Escondido will help you by advocating on your behalf to get you into a mental health court rather than a criminal trial.
Mental Health Diversion Program
For people with a mental illness, the mental health diversion program is one of the best and most effective ways to ensure that they do not commit any more crimes but do not ruin their life by throwing them in prison. A mental health diversion is when the court orders you to undergo treatment, at the end of which your charges will be dropped.
At the end of your mental health treatment under the diversion program, not only will your charges be dropped, but the record of your arrest will be sealed, meaning that no one can access it. This means that your ability to get a job or rent an apartment will not be impacted. Your Escondido mental health attorney can help you obtain a mental health diversion rather than prison time.
Escondido Mental Health Lawyer Near Me (310) 896-2723
Your Rights
Even in a mental health treatment facility, you have certain rights that cannot be denied to you, even upon good cause. If you are in a mental health treatment facility, either through a mental health diversion program or an involuntary mental health hold, you have rights that your mental health lawyer in Escondido will fight for.
Your rights that cannot be denied are:
- The right to privacy, respect, and humane care
- The right to receive treatment for your mental illness in the least restrictive means to your liberty
- The right to medical care according to well-accepted scientific and clinical standards
- The right to refuse dangerous medical procedures
- The right not to be abused or neglected
- The right to have your confidential information kept confidential and private
- The right to be informed of your rights and the method to file complaints
- The right to communicate with an attorney or patient’s rights advocate
- The right for your communications with an attorney or patient’s right advocate to be kept confidential
- The right to religious freedom and practice
- The right to have opportunities for physical exercise and recreation
Rights that Can Be Refused to You
You also have other rights that can only be denied to you upon good cause, meaning that a mental health professional believes that your exercising of these rights would be dangerous to your mental health or your life. These rights are:
- The right to wear your own clothes
- The right to keep and use your possessions
- The right to use money to make purchases
- The right to access your own storage space
- The right to see visitors every day
- The right to have access to a private, non-recorded telephone
- The right to have access to a pen, paper, and stamps and to send and receive mail.
These rights cannot be denied to you as a punishment for poor behavior, or for any reason other than that it would be unsafe to allow you to do any of these things. The denial of any of your rights can be grounds to have you released from mandatory treatment. Your Escondido mental health lawyer can help you fight for your rights.
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Contact an Escondido Mental Health Lawyer
Suffering from a mental health disorder can make you feel awful, like you are all alone and no one truly has your back. These feelings can get much worse when you have to face down the intimidating behemoth that is the justice system. Luckily, you do not need to do it alone, there are skilled and professional Escondido mental health attorneys that will help you.
If you suffer from a mental health disorder and need legal assistance, contact an Escondido mental health lawyer today for a free consultation and case review.
Call or text (310) 896-2723 or complete a Free Case Evaluation form