
California has championed mental health awareness in recent years. However, many police precincts fall behind the curve when it comes to de-escalation training. That lack of training can leave California residents in need of a San Fernando mental health lawyer.
Simmrin Law Group and its team has served California for 19 years. We understand how officers can misuse legal statutes to mistreat people with mental health conditions. Our San Fernando criminal defense lawyer want to help defend you against officers’ misuse of protective statutes and defend you against wrongful criminal accusations. You can book a private defense consultation with our staff today.
Mental Health Lawyers in San Fernando Defend You Against Wrongful Accusations
It’s easy for police officers to misinterpret symptoms of a mental health condition for belligerence or deliberate disrespect. If officers believe someone with a mental health condition presents a danger to the law, the public, or themselves, they may struggle to help that person remain safe.
In many cases, officers may try to charge someone with a mental health condition with resisting arrest or a similar crime if a person does not respond well to an officer’s attempts to remove them from a dangerous scene. Criminal defense lawyers in San Fernando step in undeterred by these accusations and others like them.
Our team can defend you against wrongful interpretations of your behavior at the scene of your arrest. We can further challenge misdemeanors or violent crimes prosecuted as felony charges. Our efforts can keep your criminal record clean.
For a free legal consultation with a mental health lawyer serving San Fernando, call (310) 896-2723
What to Expect When Working With a Mental Health Lawyer
Mental health attorneys in San Fernando, CA, want to provide people in your position with representation in and out of civil court. We offer representation in 5150 cases, 5250 cases, and criminal cases to reduce the number of detainees with mental health conditions. We also want our clients to get the care they need to recover, not traumatic jail time.
What does this mean for you? If you find yourself accused of criminal misconduct or treated inappropriately due to a mental health condition, you can call our team for support. We can:
- Ensure that you retain your rights during 5150 and 5250 holds
- Challenge inappropriate 5150 and 5250 holds, advocating for your right to freedom
- Point out instances of bias that may have led to your arrest
- Bring evidence of rights violations forward in court
- Prevent California’s civil court from violating your civil rights
We can further discuss what role, if any, guardians or conservators may have in your case. All of these services strive to prevent a person’s mental health conditions from worsening while in the state’s care. They can also preserve a person’s disability benefits, if applicable.
A Modern Conversation About an Insanity Defense
Our attorneys do not default to the insanity defense when representing clients with mental health conditions. While the insanity defense may have its place in certain criminal cases, we first assess the conditions of your arrest to determine what other factors may have contributed to your alleged crime.
Insanity pleas are not “get out of jail free” cards. Instead, anyone who uses an insanity defense may vacate the criminal system before immediately seeking out psychiatric care. Many people who use the insanity defense find themselves unable to return to day-to-day life without first undergoing a “restoration of sanity” hearing.
We can discuss whether or not an insanity defense may have any place in the fight you bring forward in criminal court.
San Fernando Mental Health Lawyer Near Me (310) 896-2723
We Challenge Involuntary Mental Health Holds
We know what tools police officers can manipulate to keep someone confined without cause. Officers technically have the right to issue a 5150 hold if they believe someone presents an immediate danger to themselves or the public. These holds allow officers to detain someone for up to 72 hours.
You have rights during a 5150 hold, even if officers insist you don’t. You can reach out to a lawyer, request an explanation for your hold, and report unchecked abuse. Our attorneys can step up and fight to have you released from an unlawful hold if officers have wrongfully imprisoned you.
Unfortunately, some officers will try to extend a person’s involuntary imprisonment. After a 5150 hold, officers can speak up during a certification review hearing. They may insist that their arrestee requires another hold, known as a 5250 hold. 5250 holds allow the state to involuntarily imprison someone for up to 14 days.
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Your Lawyer Can Request Alternative Sentencing on Your Behalf
If you need help challenging a wrongful criminal accusation after or in addition to an involuntary hold, call our team. Our mental health lawyers in San Fernando, CA, can request alternative criminal sentencing on your behalf. Qualifying parties may opt to participate in mental health diversion programs instead of spending time in jail.
The completion of a mental health diversion program can see a court drop the criminal charges brought against you.
How to Qualify for California’s Mental Health Diversion Programs
If you want to participate in a mental health diversion program, you need to prove that:
- You have a qualifying mental health condition, such as an anxiety disorder, depressive disorder, schizophrenia, or PTSD
- You can prove that your mental health condition contributed to your alleged crime
- You can prove that your mental health puts you, the public, or both at risk
You must waive your right to a speedy trial if you want to participate in a qualifying mental health diversion program. You can discuss this and any other sacrifices you may need to make when discussing these programs with our team members.
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Let’s Work Together to Defend Your Freedom
People with mental health conditions deserve comprehensive representation in criminal court. Our mental health attorneys in San Fernando, CA, have decades of experience helping people in your shoes challenge wrongful 5150 and 5250 holds while fighting back against wrongful criminal charges.
If you need representation, don’t hesitate to call our team. We keep your defense consultation private and can immediately begin defending your right to freedom.
Call or text (310) 896-2723 or complete a Free Case Evaluation form