One of the American criminal justice system’s biggest weaknesses is its mental health treatment. Too often, people with mental health illnesses are thrown to the side, their illnesses badly understood and stigmatized. Sometimes, people with mental health disorders simply need different treatment than others.
There are skilled mental health lawyers in Lynwood who are here to help. If you suffer from a mental illness and need assistance navigating the legal system, you need the assistance of skilled and professional Lynwood mental health attorneys.
Mental Health in the Criminal Justice System
Mental health and the criminal justice system essentially go hand in hand, but not for good reasons. According to a report by the Federal Bureau of Justice Statistics, a huge amount of prison inmates suffers from mental health problems.
At the state level, 73% of women and 55% of men suffer from some kind of mental health problem. In federal prison, 61% of women and 44% of men suffer from some kind of mental health problem. People with mental health disorders are also far more likely to become recidivists than those without. Simply put, our criminal justice system has a huge mental health problem.
A Lynwood mental health attorney can help you by protecting your rights in several important ways.
Competency to Stand Trial
A person that is accused of a crime has a right to understand what is happening in their court proceedings. The ability of a person to understand and grasp the seriousness of what is happening in court is known as their competence to stand trial. If a person is found incompetent to stand trial, they will either need to undergo treatment to restore competence, or they will not be tried at all, but instead sent to a mental health treatment center in lieu of prison.
Not Guilty by Reason of Insanity
Another important aspect of the criminal justice system is the idea of mens rea. Mens rea is an element of basically every crime: you must have done the act that broke the law on purpose. If you are determined to be legally insane, it is not possible for you to have mens rea.
California may analyze whether a person is “insane” with the M’Naghten Rule. This rule states that your mental health attorney in Lynwood must show two things for you to be found not guilty by reason of insanity: (1) you do not understand the nature of your act, and (2) you are not able to distinguish between right and wrong. If you satisfy both of these prongs, then you are determined to be not guilty of the crime by reason of insanity.
If you are legally insane, you cannot be punished for any crime. Rather than prison, therefore, you will be taken to a mental health treatment facility, where you will be released at a time when you are no longer a threat to yourself or others.
Mental Health Diversion
The State of California is well aware of the mental health problems surrounding the justice system. One solution that they found to this problem is mental health diversion. Under a mental health diversion program, you will be treated rather than punished.
Who Qualifies for a Mental Health Diversion
There are six conditions that you must meet to qualify for a mental health diversion:
- You have been diagnosed with a mental illness that is not a borderline personality disorder or pedophilia within the last five years.
- The Court cannot find, by clear and convincing evidence, that your mental disorder was not contributing factor to your crime.
- A mental health professional testifies that you would benefit from treatment.
- You agree to the terms of the diversion and waive your constitutional right to a speedy trial.
- You comply with treatment.
- The Court believes that you do not pose a risk of danger to the public.
If you meet these six conditions, you are automatically placed into a mental health diversion rather than facing trial for your crime. Your Lynwood mental health lawyer will help you by convincing the judge that you meet these conditions and would be a good candidate for a diversion.
What Happens After a Mental Health Diversion?
The benefit to you of a mental health diversion program is that, after you complete the Court ordered treatment, your case will be dismissed. This means that the charges against you will be dropped and the record of your arrest will be sealed.
This means that nobody, not even someone with access to all of California’s arrest records, will be able to see that you were arrested unless your records are unsealed by court order. This will typically only happen if you are the subject of an investigation or apply for professional licensing, such as to become a lawyer or medical doctor.
Essentially, if you undergo court-ordered treatment, your legal problems go away as soon as you finish. This is incredibly beneficial to you, as after the treatment is over, your life will not be impacted in any substantial way.
How Long Does Treatment Last?
The length of treatment under a mental health diversion is within the discretion of the Court, but it lasts for a maximum of two years for felonies and a maximum of one year for misdemeanors. Your treatment might be at an inpatient facility, but it could also be outpatient. A skilled Lynwood mental health attorney may be able to reduce the amount of treatment time that you are ordered.
Contact a Mental Health Lawyer in Lynwood
If you suffer from a mental health disorder and are facing legal issues, you need the assistance of an understanding Lynwood mental health lawyer who will zealously advocate on your behalf. We understand the challenges of mental health illnesses, and you are not alone.
If you are in need of a skilled and professional mental health attorney in Lynwood, call us today for a free consultation and case review.