Our mental health lawyers in San Gabriel, CA, know more about mental health conditions today than we did ten years ago. However, police officers don’t always receive the training they need to de-escalate mental health crises. They may struggle to treat someone with a mental health condition fairly in violent situations.
Unfortunately, that lack of training can lead officers to advocate for wrongful 5150 and 5250 holds, not to mention compounded criminal charges. That’s why Simmrin Law Group offers its services to families in need. Our experienced team of San Gabriel criminal defense lawyers will work around the clock to secure a favorable outcome. We have 19 years of experience working within the criminal system and want to use that knowledge to your benefit.
You Deserve Advocacy In and Out of Court
A study produced by Rand Corporation revealed that Los Angeles County Jail has seen a significant uptick in detainees who take prescribed psychotropic medications. In addition, 76 percent of the jail’s detainees have a mental health condition on record.
Our San Gabriel mental health lawyers want to help people with mental health conditions avoid unwarranted criminal accusations. We also want to find alternative consequences for criminal behavior beyond a traditional jail sentence. That’s why we offer people in your shoes representation in and out of criminal court.
What Services to Expect From a San Gabriel Mental Health Lawyer
Our criminal defense services allow us to craft a defense against wrongful accusations that can reduce the charges against you. Our advocacy can even see your case dropped. All the while, you can count on our team to:
- Challenge unwarranted 5150 and 5250 holds
- Hold abusive psychiatric professionals accountable for mistreatment during your detainment
- Identify bias in arresting officers that invalidates your criminal case
- Identify rights violations that invalidate your criminal case
- Protect you from additional civil rights violations
- Discuss the involvement of guardians/conservators in a mental health case
- Discuss the impact of a case on a person’s disability benefits
You can meet with a San Gabriel mental health attorney for a private case assessment today.
For a free legal consultation with a mental health lawyer serving San Gabriel, call (310) 896-2723
Criminal Defense, Mental Health, and the Insanity Plea
The term “mental health condition” is not synonymous with “insane.” We do not automatically encourage people facing incarceration to enter an insanity plea. However, suppose a person’s mental health condition makes it impossible for them to understand their relationship to the law or can’t take care of themselves. In that case, we can discuss the use of this defense.
Notably, the use of the insanity defense does not keep a person from having to face consequences for their alleged crimes. However, instead of going to jail, parties who plead insanity will instead enter psychiatric treatment. These parties must remain in treatment until they feel comfortable re-entering society.
Should someone want to re-enter society after pleading insanity, they must participate in a “restoration of sanity” case. Our mental health lawyers in San Gabriel, CA, can help anyone interested in pursuing a “restoration of sanity” case gather the evidence needed to safely transition out of psychiatric care.
San Gabriel Mental Health Lawyer Near Me (310) 896-2723
San Gabriel Mental Health Lawyers Challenge Inappropriate 5150 Holds
Police officers who don’t know how to respond to mental health outbursts or crimes involving people with mental health conditions can react badly during arrests. These officers can often misuse 5150 holds to temporarily imprison someone who presents a danger to themselves.
A 5150 hold allows the state to detain someone for up to 72 hours involuntarily. After that 72-hour period passes, psychiatric professionals and state police can determine whether or not a detainee still poses a danger to themselves. The state refers to this process as a certification review hearing.
Incarcerated individuals can call a San Gabriel criminal defense lawyer during detainment and before a certification review hearing. Our team can attend these hearings and argue for our clients’ rights to return to everyday society.
What to Know About 5250 Hearings
If officials believe that someone still poses a danger to themselves after a 72-hour hold, they may place that person under a 5250 hold. 5250 holds allow officials to involuntarily detain someone for up to 14 days. That prolonged detainment can expose someone to inappropriate psychiatric care, medical abuse, and systematic mistreatment.
Our team wants to help anyone contending with a wrongful 5150 or 5250 hold. You have the legal right to contact our attorneys during this process, no matter what anyone else says. With our help, you can exercise your right to judicial review and habeas corpus as well as your right to:
- Demand an explanation for your detainment
- Refuse medication and involuntary medical treatments in non-emergency situations
- File a care grievance against an abusive psychiatric facility
- See and communicate with visitors
Our San Gabriel 5150 hold lawyers and 5250 lawyers are ready to take your call. Let’s work together to challenge the misuse of these holds today.
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We Fight for Your Right to Alternative Sentencing
To reduce the likelihood that someone with a mental health condition goes to prison, California has introduced new laws to encourage alternative sentences for qualifying parties. California’s Mental Health Diversion Program is one such alternative.
With help from a mental health attorney in San Gabriel, CA, mentally ill people facing criminal charges can participate in qualifying mental health treatments instead of going to jail. Once those people complete their program, the state will drop the criminal charges brought against them.
This treatment strives to help in-need people get the necessary care to transition back into healthy day-to-day life. It also prevents people with mental health conditions from facing unnecessarily harmful incarceration conditions.
Who Qualifies for Mental Health Diversion Programs in California?
Before we can advocate for your right to participate in a mental health diversion program, we need to determine whether or not you qualify for alternative sentencing. California will allow you to defer your sentence if you:
- Have proof that you have been diagnosed with a mental illness as defined by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)
- Can prove that your mental health condition contributed to your alleged violation of the law
- Can prove that your mental health condition puts the public at risk
- Can prove that your mental health condition puts you at risk
- Waive your right to a speedy trial
The state will most often allow parties with PTSD, anxiety disorders, schizophrenia, and depression to participate in qualifying mental health programs. However, parties diagnosed with pedophilia or antisocial personality disorders are automatically disqualified from mental health diversion programs.
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It’s Time to Talk to a Mental Health Lawyer
You are innocent until proven guilty in a court of law. This assumption means you deserve to be treated respectfully within the criminal system. No one can violate your right to that respect, especially if you’re contending with mental health conditions on top of other case complications.
If you feel that you’ve been wrongfully charged with a crime or placed under a mental health hold, contact a mental health attorney in San Gabriel. Simmrin Law Group can address your concerns and represent you in criminal and mental health hearings. Our service can protect your freedom.
Get in touch today to schedule a private defense evaluation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form