Mental illness is not criminal. In particular, untreated mental illnesses are not criminal and do not warrant the violence that police officers often use to control impacted individuals. Unfortunately, California residents with mental illnesses who face accusations of illegal behavior can fall victim to judicial mistreatment faster than their mentally-well peers.
If you want to overcome the bias in the system, not to mention the mistreatment that comes along with misunderstandings of mental health, get in touch with a San Juan Capistrano criminal defense lawyer. We’ve tackled over 100 jury trials since the firm’s founding in 2005.
Simmrin Law Group can connect you with a representative who can take your case, defend your best interests, and oftentimes prevent your conviction. Don’t worry – your case consultation comes free of charge.
San Juan Capistrano Mental Health Lawyers Challenge Wrongful 5150 and 5250 Holds
It’s not always easy for someone with a mental illness to safely interact with police officers. Officers rarely have the training they need to de-escalate criminal situations involving people with mental illness, particularly when those mental illnesses drive a person to harm themselves or others.
This fundamental misunderstanding of mental illnesses can lead officers to place a person under an involuntary 5150 hold. 5150 holds allow the state of California to place someone in the care of a mental health facility without their consent for up to 72 hours.
While an impacted party has the right to call a San Juan Capistrano mental health attorneys, they cannot leave the institution without permission.
Expanding Beyond a 5150 Hold
Officers can step in to determine a person’s mental health when a 5150 hold ends. If officers believe a person still poses a danger to themselves, they may place that person under a 5250 hold.
5250 holds are equally involuntary and may see a person imprisoned within a mental health facility for up to two weeks or 14 days.
For a free legal consultation with a mental health lawyer serving San Juan Capistrano, call (310) 896-2723
We Advocate for Clients’ Rights to Participate in Mental Health Diversion Programs
We do not believe that mentally ill individuals benefit from involuntary imprisonment. That’s why our team advocates for clients currently undergoing wrongful 5150 and 5250 holds. We also push for our clients’ rights to participate in mental health diversion programs.
Mental health diversion programs serve as an alternative to imprisonment. If California’s courts would otherwise convict a mentally ill person of a crime, we can request that the impacted individual instead undergo mental health care and treatment.
Completing a mental health diversion program can reduce or eliminate charges brought against a person.
Qualifying for a Mental Health Diversion Program
To qualify for participation in a mental health diversion program, our clients must:
- Have a qualifying mental health disorder as described by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)
- Present evidence indicating that their mental illness contributed to their alleged crime
- Waive their right to a speedy trial
- Admit the dangers that their mental illness introduces to the public
Who Doesn’t Qualify for Participation in a Mental Health Diversion Program
California places certain limitations on people’s rights to participate in a mental health diversion program. People with extensive criminal conviction records may not participate in these programs. Likewise, the court may bar anyone accused of violent or sexual crimes from participating in these programs.
Finally, there are specific mental illnesses that bar a person from participating in a mental health diversion program. Individuals with bipolar disorder, antisocial personality disorder, or diagnosed with pedophilia may not apply for program participation.
If you don’t qualify for a mental health diversion program, don’t panic. There are defenses our San Juan Capistrano, CA, mental health attorneys can use to reduce your chance of jail time.
San Juan Capistrano Mental Health Lawyer Near Me (310) 896-2723
Exploring Your Right to an Insanity Plea
People who have mental health conditions are not insane. However, there are instances wherein our San Juan Capistrano mental health attorneys may see fit to enter a plea of insanity in response to a client’s criminal charge. Insanity pleas allow a person to waive responsibility for their criminal behavior.
While these people may not face jail time for their alleged crimes, the court still requires them to seek out care for their condition. Most people who plead insanity must immediately enter a mental health facility upon the conclusion of their case. These parties may then work with medical professionals to address their condition.
Anyone who feels rehabilitated by a mental care facility may work with an experienced attorney to plead for re-entry into society. Our team can help you initiate a restoration of sanity case so you can more effectively transition back into day-to-day life.
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Let an Experienced Mental Health Lawyer Protect Your Future
People contending with untreated mental health conditions deserve medical attention, not harsher prison sentences. If you want to challenge the criminal charges brought against you and get the mental health care you need, call a San Juan Capistrano mental health attorney.
Simmrin Law has 19 years of experience supporting California residents in criminal court. Our criminal defense attorneys will take your mental health condition seriously. Our involvement in your case can prevent the courts from punishing you for a condition you can’t control.
Contact us today to learn more about our experience with mental health defenses. Your first case consultation is free of charge.
Call or text (310) 896-2723 or complete a Free Case Evaluation form