California has a reputation for poor interactions between law enforcement and citizens with mental health issues, often resulting in terrible consequences. Mental health is a serious concern that is often not properly addressed, and law enforcement officers rarely have the training to handle tense situations.
A mental health lawyer in Redondo Beach can help with your circumstances. Anyone with a mental illness who is facing criminal charges needs to be aware of their rights under California’s criminal justice system.
At Simmrin Law Group, we have been defending clients for over 20 years. Contact us today to schedule a free case review with a knowledgeable mental health lawyer.
Our Mental Health Lawyers Serving Redondo Beach Can Help if You Are Facing an Involuntary Psychiatric Hold
An involuntary psychiatric hold can be frightening and could even further harm your mental health. Whatever type of hold you are facing, having an experienced Redondo Beach mental health attorney by your side can be critical. Your lawyer will know how to protect your rights and ensure you are being treated fairly.
5150 Holds
A 5150 hold is an involuntary detention for up to 72 hours. The person detained is usually an individual who is deemed to be a danger to themself or others. If you or a family member is being detained on a 5150 hold, we can help protect your rights and fight to get you released if applicable.
5250 Holds
A 5250 hold is an extension of a 5150 hold. If it is determined that an individual continues to pose a threat, a 5250 hold adds 14 days to the involuntary detention. We can help fight back against a 5250 hold if the grounds for extending it are not sound. A 5250 hold will only be granted after a hearing to determine the individual’s psychiatric condition.
Our experienced legal team can represent you or your loved one at this hearing to protect against an unjust extension.
For a free legal consultation with a mental health lawyer serving Redondo Beach, call (310) 896-2723
Mental Health Diversion
Many state governments have been taking steps to address the growing mental health care crisis in America. California has created the Mental Health Diversion Program to provide mental health treatment to eligible defendants to address the issue rather than simply sending them to jail or prison.
Successful completion of this program will result in the criminal charges being dropped. Mental health diversion programs help those dealing with mental illness obtain the treatment they need while avoiding criminal and civil penalties that benefit no one. An experienced mental health attorney serving Redondo Beach can help advocate for your inclusion in this program.
Qualifying for Mental Health Diversion
To be eligible for California’s Mental Health Diversion Program, some criteria must be met. The conditions for eligibility include:
- Diagnosis for a qualifying mental illness: The defendant must be diagnosed with a mental illness recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM-5-TR). The court will order a psych evaluation to determine the defendant’s mental health status.
- The crime being impacted by the mental illness: Your mental health lawyer will help demonstrate that your mental illness played a significant role in the crime. This position can be backed up by eyewitness testimony, preliminary hearing transcripts, and police reports.
- Waiving the Sixth Amendment right to a speedy trial: The process for entering a mental health diversion program can be lengthy and result in criminal proceedings that last longer than is otherwise constitutionally allowed. Waiving this right is critical for pursuing mental health diversion.
- Consent from the defendant: The court will not consider a petition for mental health diversion from the defendant’s lawyer without consent from the defendant.
- Not being otherwise ineligible: Those diagnosed with pedophilia or antisocial/borderline personality disorder do not qualify for mental health diversion. Similarly, those charged with certain violent or sexual crimes may be barred based on the circumstances of their case and their criminal background.
Redondo Beach Mental Health Lawyer Near Me (310) 896-2723
California’s Mental Health Diversion Program Requirements and Duration
Once a defendant is enrolled in a mental health diversion program, they must follow the entire treatment program. Requirements of the program may include:
- Inpatient treatment
- Outpatient treatment
- Psychotherapy
- Housing
- Medication management
Program administrators handling patient care produce regular progress reports on the patient’s status. The length of a program will vary depending on the discretion of the judge. In California, a program can last from six months to two years. Failure to follow the terms for the whole duration can result in being recharged for the initial offense and facing incarceration.
In most cases, participants in the California Mental Health Diversion Program must pay the costs of the program out of pocket, especially if they are seeking a higher level of care. However, options exist to cover these costs for low-income offenders.
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Options if You or Your Loved One Is Ineligible for Mental Health Diversion
If you are deemed ineligible to participate in California’s Mental Health Diversion Program, our experienced Redondo Beach mental health lawyers can still help with your case. We can build a strong defense against the charges you face to help you secure a favorable verdict or get the charges against you dropped altogether.
Steps we will take on your behalf include:
- Providing a comprehensive case consultation
- Developing a legal strategy based on the circumstances of your case and your wishes
- Going through the process of discovery, where we will exchange relevant evidence with the prosecutor’s office
- Securing the testimony of expert witnesses
- Representing you at all pre-trial hearings
- Representing your interests during any plea-bargaining discussions
- Preparing your case for trial
- Participating in jury selection
- Representing you at trial
- Appealing your case if applicable
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Get Help From an Experienced Mental Health Attorney in Redondo Beach Today
At Simmrin Law Group, we know the challenges faced by individuals who struggle with mental health and are committed to protecting their rights. Our experienced legal team will investigate the circumstances of your case and advocate for your inclusion in California’s Mental Health Diversion Program if you qualify and wish to pursue this option.
Contact us today by phone or through our online contact form to schedule a free case review with a member of our legal team.
Call or text (310) 896-2723 or complete a Free Case Evaluation form