Unfortunately, mental health conditions continue to be a severe cause for concern across California and the country. Sadly, many people suffering from mental health conditions find that their ailments cause them to behave erratically or do things they would not have done without the proper medical treatment. This often results in criminal charges and penalties that significantly impact their lives for years to come.
If this sounds all too familiar, it is essential to remember that you are not alone. Having a compassionate Pomona mental health lawyer with the Simmrin Law Group advocate for your rights could make all the difference. Get the medical help you need and clear your name of the criminal allegations against you when you get our firm to advocate for your rights.
Contact our office for a confidential consultation today to further discuss how to approach your defense and potentially enter a mental health diversion program.
Mental Health Conditions and Criminal Charges in Pomona
It is not unusual for individuals with psychiatric conditions and mental health issues to commit criminal offenses or behave erratically. When this happens, law enforcement officials may take these individuals into police custody without consideration for their mental state. Those that understand how mental health works will initiate a 5150 hold.
Here, the arresting officer or other law enforcement officials can detain the suspect against their will and place them in a treatment facility where they must remain for up to 72 hours. Getting a mental health lawyer in Pomona, CA, is crucial if you have a mental illness or other condition that causes you to commit a crime. The Simmrin Law Group can help you avoid criminal penalties and unjust holds so you can get back to your life and clear your name of the charges against you.
For a free legal consultation with a mental health lawyer serving Pomona, call (310) 896-2723
Alternatives to Incarceration
People suffering from mental health conditions may not benefit from incarceration for committing a criminal offense. If you are suffering from an illness that causes you to behave in a way you would not if you got the needed treatment, mental health diversion may be a more appropriate option.
Instead of going to jail or prison, you can enter a mental health diversion program and get the medical treatment you need. Once you fulfill the terms of the program, the prosecutor will reduce your charges to a lesser offense or dismiss your case entirely.
Unfortunately, if you do not fulfill the terms of your mental health diversion program, you can expect the district attorney to proceed with the initial charges. This means you could be at risk for the criminal penalties associated with that particular offense.
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Why You Should Consider Mental Health Diversion
The benefits of mental health diversion programs are undeniable. Some of the top advantages include the following:
- Alleviating the symptoms of your mental health condition
- Curing your medical issues
- Avoiding jail or prison
- Avoiding being haunted by a criminal record
- Eliminating the danger to yourself for the public
- Giving you confidence that you can provide your own basic needs
- Avoiding collateral penalties of a criminal conviction
- Retaining possession of your driver’s license and professional licenses
- Retaining your right to vote and own a firearm
- Accessing government assistance
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Conditions of Mental Health Diversion in Pomona
Following your mental health diversion program’s requirements is crucial to avoid criminal charges against you. You will need to meet multiple conditions before you can be discharged, and your healthcare providers determine you can take care of yourself and are no longer a threat to yourself or the public.
Some examples of these requirements could include the following:
- Participation in mental health counseling
- Taking antipsychotic medications
- Agreeing to electroconvulsive therapy (ECT)
- Remaining in the treatment facility
- Following your healthcare provider’s treatment regimen
- Following the terms of your treatment plan
- Participating in group therapy
- Avoiding self-harming behaviors
- Participation in an inpatient treatment program
Your mental health diversion program could last up to two years. Your mental health attorney in Pomona, CA, will be here to help you understand the requirements of your program so you can complete the terms and put this experience behind you.
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Eligibility for Pomona Mental Health Diversion Programs
The eligibility requirements for a mental health diversion program in Pomona are extensive. Your mental health attorney can review the circumstances of your case and determine whether you qualify. Here are some of the most notable stipulations:
A Qualifying Condition
You need to have a medical condition that qualifies for mental health diversion. This could include:
- Schizophrenia
- Post-traumatic stress disorder (PTSD)
- Bipolar disorder
- Depression or anxiety
Confluence with a Crime
You must have a mental illness that caused you to commit a criminal offense. You can rely on your mental health lawyer to conduct a thorough investigation and obtain the evidence needed to prove a confluence between your mental health condition and the crime in question.
Waiver of Sixth Amendment Right to a Speedy Trial
Every person has the right to a speedy trial. However, since mental health diversion programs can last up to two years, you must waive your right to a speedy trial to qualify.
Low Risk to the Public
You can only enter a mental health diversion program if the court does not find you a risk to yourself or the public. Your mental health attorney will need to show that you have obtained the necessary medical treatment and have a treatment plan that diminishes your threat to the public or yourself.
Mental Health Diversion Program Disqualifications
You can be found ineligible for a mental health diversion program in Pomona if one or more of the following apply:
- You were diagnosed with borderline personality disorder.
- You were diagnosed with antisocial personality disorder.
- You were diagnosed with pedophilia.
- You have been charged with a sex or violent crime.
- You are a habitual offender.
Reach Out to a Pomona Mental Health Attorney for Help Today
If you or someone you love suffers from an exacerbated mental health condition that caused you to behave erratically or commit a crime, incarceration and criminal charges may not be appropriate. With help from a dedicated Pomona mental health lawyer at the Simmrin Law Group, you can protect your future and get the medical treatment you need to control your mental health condition and get back to your life.
Learn more about whether mental health diversion is the best option for your case and how to approach the charges against you when you contact our office for a confidential case evaluation. Please fill out our secure contact form or call our office to start working on your case as soon as today.
Call or text (310) 896-2723 or complete a Free Case Evaluation form