At Simmrin Law Group, our Monterey Park mental health lawyers are dedicated to providing compassionate legal representation for individuals facing legal challenges relating to mental health. With decades of combined experience and thousands of clients served, we focus on helping you address the legal issues that arise from mental health conditions.
Whether you are facing criminal charges, civil matters, or involuntary treatment holds such as 5150 or 5250, our team is committed to advocating for your rights. We’re here to connect you with the resources necessary for recovery.
Our mental health lawyers understand the unique circumstances these cases present and will work tirelessly to advocate for your best interests. Contact Simmrin Law Group today for a free initial consultation.
Understanding California’s Mental Health Laws
Mental health conditions often play a significant role in legal cases, influencing behaviors that lead to misunderstandings or complications in the justice system. In California, laws such as Penal Code §1001.36 and Welfare and Institutions Code §5150 recognize the need for alternative approaches to handling cases involving mental health conditions.
These statutes allow for diversion programs and involuntary treatment when necessary. They aim to address the root causes of behavior rather than imposing harsh penalties.
At Simmrin Law Group, our Monterey Park mental health attorneys are dedicated to ensuring individuals with mental health challenges are treated fairly and compassionately under the law. We work to connect clients with resources like mental health diversion programs or treatment options while protecting their rights throughout the process.
For a free legal consultation with a mental health lawyer serving Monterey Park, call (310) 896-2723
Involuntary Mental Health Treatment: 5150 and 5250 Holds
California law provides for involuntary treatment in certain situations where mental health conditions pose an immediate risk to the individual or others. These holds are governed by Welfare and Institutions Code §§5150–5250:
- 5150 Hold: An individual can be placed on a 72-hour involuntary psychiatric hold if they are deemed a danger to themselves, others, or gravely disabled due to a mental health condition. This hold allows for evaluation and initial treatment by mental health professionals.
- 5250 Hold: If further care is necessary, the law allows for an additional 14-day hold. This extension requires a probable cause hearing, where evidence must be presented to justify the continued involuntary treatment.
These holds can escalate quickly, leading to longer detainment or even criminal charges if not handled properly.
At Simmrin Law Group, our legal team protects your rights during these proceedings, ensuring that due process is followed and advocating for appropriate treatment rather than punitive measures. We work to minimize the long-term consequences of involuntary treatment and help you move toward recovery.
Monterey Park Mental Health Lawyer Near Me (310) 896-2723
How Our Monterey Park Mental Health Attorneys Can Help with a Diversion Program
Mental health diversion programs offer individuals with qualifying mental health conditions a chance to receive treatment instead of traditional criminal prosecution. However, qualifying for and completing a diversion program can be complicated. That’s where a Monterey Park mental health attorney with Simmrin Law Group can provide critical support.
Here’s how we can help:
- Evaluating your eligibility: We will review your case, medical history, and the circumstances surrounding your charges to determine if you meet the requirements for diversion. This includes proving a connection between your mental health condition and the alleged offense.
- Building a strong case for diversion: Our attorneys gather the necessary evidence, such as medical records, psychiatric evaluations, and expert testimony, to demonstrate your eligibility and show that treatment is a more appropriate alternative to incarceration.
- Advocating for you in court: We will present your case to the court, arguing that mental health diversion is in the best interest of both you and the community. This includes showing how treatment can reduce future risks and support your recovery.
- Guiding you through the program: Once approved, we provide ongoing support to ensure you meet the requirements of your diversion program, such as attending therapy, following treatment plans, or completing mandated sessions.
By completing a diversion program successfully, you may have your charges dismissed, allowing you to move forward without a criminal record.
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Who is Eligible for a Mental Health Diversion Program?
Under Penal Code §1001.36, California mental health diversion programs permit treatment instead of incarceration, but not everyone qualifies. Eligibility requires:
- A qualifying mental health condition: Your condition must be listed in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), such as PTSD, bipolar disorder, schizophrenia, anxiety, or depression. Some conditions, like antisocial personality disorder, may disqualify you.
- A connection between mental illness and the crime: Evidence must show that your mental illness contributed to the alleged offense.
- Willingness to participate in treatment: You must waive your right to a speedy trial and agree to follow a court-approved treatment plan.
- The crime itself must be eligible: Certain serious offenses, such as violent crimes or sex-related charges, may exclude individuals from participating in a diversion program. Each case is evaluated based on the specific circumstances.
Every case is reviewed individually to assess eligibility. At Simmrin Law Group, our Monterey Park mental health lawyers will evaluate your case to determine eligibility. We gather the necessary evidence, advocate for your inclusion in the program, and guide you through the legal process to help you get the treatment you need while avoiding incarceration.
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Let Our Mental Health Lawyers in Monterey Park Help
At Simmrin Law Group, we are dedicated to assisting individuals facing mental health-related legal challenges. Our goal is for you to secure the treatment and support you deserve.
Our firm has been in business for over two decades, leaving us with a team of seasoned Monterey Park mental health lawyers. We have what it takes to guide you through this process and fight for the most favorable outcome possible.
If you or a loved one is dealing with a mental health-related legal matter, don’t face it alone. Contact us today for a free consultation and take the first step toward protecting your rights and building a brighter future.
Call or text (310) 896-2723 or complete a Free Case Evaluation form