You should never face criminal charges without a skilled defense attorney. If you face charges and also suffer from, or have experienced, mental health disorders, you need a Tustin mental health lawyer fighting for you.
Too often, the rights of those with mental disabilities are dismissed, intentionally or unintentionally, and if convicted, offenders face consequences that put them in danger or make their condition worse. Simmrin Law Group is here to help if you or a loved one have been charged with a crime and need an attorney experienced in both mental health and criminal law.
A Tustin Mental Health Attorney May Help You Avoid Incarceration
California Penal Code 1001.36 was put into effect in 2018. Under this law, offenders who face criminal charges and suffer from mental illness may avoid prison time by participating in a mental health diversion program.
How Mental Health Diversion Programs Work
Mental health diversion programs are one type of “pretrial diversion.” Rather than going to trial for your criminal charges, you postpone or eliminate further action by agreeing to the treatment and other requirements included in a mental health diversion program.
If you fulfill all program requirements, the prosecution will drop or dismiss your criminal charges altogether. Your record will be sealed and only accessible in specific situations, such as if you apply for a job in law enforcement. If you do not complete the program, the prosecution can restart criminal proceedings against you.
By law, mental health diversion programs cannot last longer than a year. The specific requirements of the program vary according to individual needs. The course of treatment can include individual or group therapy, medication, and other measures that facilitate rehabilitation.
Qualifying for Mental Health Diversion Programs
Those without a background in mental health and criminal law may not even realize they have the right to request a mental health diversion program. An experienced mental health attorney in Tustin will not miss this opportunity for healing rather than punishment.
To qualify for a program you must:
- Have a diagnosed mental disorder that can be successfully treated and that has been diagnosed within the previous five years
- Show that the mental disorder contributed to your commission of the criminal act
- Not pose a threat to society
- Agree to all terms of the program
- Waive your right to a speedy trial
Pedophilia, borderline personality disorder, and antisocial personality disqualify individuals from these programs. Certain violent or sex-oriented crimes and previous participation in a mental health diversion program are also disqualifiers.
For a free legal consultation with a mental health lawyer serving Tustin, call (310) 896-2723
Your Tustin Mental Health Lawyer Can Protect You from Standing Trial Unfairly
You can only receive a fair trial if you are competent to stand trial. A mental health lawyer in Tustin will make sure you undergo psychiatric evaluations to make this determination.
To be competent to stand trial, you must understand the charges against you and be able to participate in your own defense. If you are found incompetent, you will be assigned to a mental health facility and your trial will be postponed until you reach competency. Should you fail to reach an accepted competency level after three years, your attorney will represent you at subsequent proceedings to determine your long-term care.
Your Legal Sanity at the Time of the Crime
A second key factor the court must examine is whether you were legally sane when you committed the criminal act. If you did not understand what you were doing when you committed the act, or understood your actions but did not recognize them as wrong, you should not be considered legally sane at the time of the crime.
It is the defense’s burden to prove insanity, as all citizens are initially presumed sane. You need a skilled Tustin mental health attorney from Simmrin Law Group to present thorough evidence of your insanity to the court. If you are found not guilty by reason of insanity, you will be committed to a mental health facility for treatment rather than to prison for punishment.
Tustin Mental Health Lawyer Near Me (310) 896-2723
Release from Involuntary Holds
Those suffering from mental distress can be placed under involuntary 72-hour holds by authorized members of law enforcement and mental health professionals. If you are put under this “5150” hold, you cannot refuse the 72-hour placement in a mental facility, and the hold is not subject to your consent. During the hold, you will be under observation while doctors determine whether to release you at the end of the 72 hours or pursue additional holds.
To be put under a 5150 hold, you must be a danger or potential danger to yourself or others, or be experiencing a grave disability that prevents you from providing for your own most basic needs. Though the holds are meant to keep both the affected individual and society-at-large safe, they can be issued in error.
Authorities may overreact, misread a situation, or believe someone else’s false report about your behavior. A mental health lawyer in Tustin will argue for your release from the illegal hold and defend you against any subsequent unwarranted holds your doctors may seek.
Additional Holds
If facility treatment personnel believe you need continued involuntary treatment, they can pursue a 14-day 5250 hold. A 5250 hold brings long-term consequences that affect some of your civil rights and employment opportunities. At the end of the 14-day hold, doctors can again pursue continued involuntary treatment.
You may fight a 5250 hold at a Certification Review Hearing, and it is in your best interests to be represented by a knowledgeable mental health lawyer in Tustin. Your lawyer will fight to protect you from unwarranted, unnecessary holds that will have a long-lasting impact on your future.
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We Are Here to Protect Your Rights
If you are facing criminal charges related to a mental health condition, Simmrin Law Group is here for you. A Tustin mental health attorney from our team will handle your case with great care and skill, addressing both the criminal charges and your rights as a person with mental illness.
To arrange for a free case review, check out our contact page to call or submit a message. Your lawyer will give your case the attention it deserves and work tirelessly to protect your rights.
Call or text (310) 896-2723 or complete a Free Case Evaluation form