Untreated mental illness can make people act in ways that aren’t reasonable. Many people charged with crimes have mental health problems that affect their behavior. If this is the case, a mental health lawyer in San Marcos may help avoid some of the tougher penalties that come with criminal convictions.
Simmrin Law Group has been protecting the rights of those facing criminal charges in California for over 19 years. Our experienced San Marcos criminal defense lawyers can help clients get the medical care they need. Contact us for a free consultation today to learn how to start a mental health diversion case.
San Marcos Mental Health Attorneys Review Legal Options for Defendants
Individuals with mental health conditions are not automatically incarcerated for criminal offenses. In many cases, rehabilitation and treatment may be a more appropriate approach. This is especially true when the criminal behavior is directly linked to or worsened by mental health issues.
Fortunately, in California, there are mental health diversion programs that provide an alternative to traditional criminal prosecution for eligible offenders. These programs recognize that addressing the underlying mental health needs can be more constructive than simply punishing the individual.
For a free legal consultation with a mental health lawyer serving San Marcos, call (310) 896-2723
A Brief Overview of the Mental Health Diversion Program
Through a mental health diversion program, a defendant with a qualifying mental disorder can receive court-ordered mental health treatment instead of facing potential jail or prison time. Explaining the viability of this option is just one of the things a mental health lawyer does.
If the defendant completes the prescribed treatment plan and meets the other terms of the diversion program, the prosecuting attorney can dismiss or drop the original criminal charges. This allows the individual to avoid the stigma and long-term consequences of a criminal conviction while still being held accountable through the program’s requirements.
Conversely, if the defendant fails to comply with the diversion program, the district attorney can choose to reinstate the initial criminal charges and proceed with prosecution. This incentivizes the participant to fully engage with the mental health treatment and support services provided.
San Marcos Mental Health Lawyer Near Me (310) 896-2723
Eligibility for Mental Health Diversion
These programs are not available to everyone facing charges. Specific eligibility requirements must be met to qualify for and participate in a mental health diversion initiative. A mental health attorney in San Marcos can determine which cases qualify for the program.
Qualifying factors include:
- Having a mental health disorder that is recognized in the Diagnostic and Statistical Manual of Mental Disorders (DSM), excluding certain conditions such as borderline personality disorder, antisocial personality disorder, or pedophilia.
- The mental illness must have been a significant contributing factor in the alleged commission of the criminal offense. In other words, the criminal behavior must be linked to and largely motivated by mental health issues.
- A qualified mental health professional must assess the case and determine that this course of action would likely lead to a positive outcome.
- Consent to participate in the mental health diversion program and agree to comply with all the requirements and conditions of the program. This includes waiving the right to a speedy trial.
- The court must find that there is no unreasonable risk or threat to public safety if the individual diverted into the mental health program rather than facing standard criminal prosecution.
Meeting these eligibility criteria allows the defendant to avoid incarceration potentially and instead receive court-ordered mental health treatment as an alternative disposition for the alleged criminal offense. Successful completion of the diversion program can result in the original charges being dismissed.
Click to contact our San Marcos Criminal Defense Lawyers today
Mandatory Requirements of Mental Health Diversion
When joining a mental health diversion program, specific criteria must be met. These criteria can differ based on the crime, mental illness, treatment plan, and other factors.
For example, the defendant might have to:
- Take part in either inpatient or outpatient treatment
- Attend group therapy or mental health counseling
- Follow a medication regimen
- Go to psychotherapy
- Stay in a treatment facility
Mental health programs typically last between six months and two years. Those who can’t afford the program might qualify for a low-income option based on their financial situation and case details.
Complete a Free Case Evaluation form now
We Handle 5150 and 5250 Cases
In the state of California, specific legal provisions known as the 5150 and 5250 holds govern the involuntary psychiatric treatment of individuals. These codes outline the circumstances and procedures under which someone can be detained and held for a temporary psychiatric evaluation and potentially extended treatment against their will.
Understanding the 5150 Hold
The 5150 hold allows a law enforcement officer, psychiatrist, or other designated mental health professional to involuntarily confine an individual for up to 72 hours of psychiatric evaluation and treatment if they are considered a danger to themselves, a danger to others, or gravely disabled due to a mental health crisis.
A 5150 holds lawyer in San Marcos will advocate for their clients, whether representing those subject to the holds or those seeking to initiate the holds to protect the wellbeing of a loved one.
Understanding the 5250 Hold
The 5250 hold is an extended treatment period that can be initiated at the conclusion of a 5150 hold if the individual is still considered a danger or gravely disabled. This allows for up to 14 days of additional involuntary psychiatric treatment and evaluation. The extended hold is designed to provide more comprehensive care for those requiring longer-term interventions.
Our 5250 hearing lawyers in San Marcos gather evidence, interview witnesses, and build a case to argue against or for the necessity of the extended hold. We also guide the hearing, whether it involves addressing ongoing legal matters or navigating the mental health system.
Call an Experienced Mental Health Attorney in San Marcos
California recognizes the profound challenges that mental health issues can present for individuals and communities. As such, the state has implemented programs and policies to help direct those struggling with mental illness away from the criminal justice system and toward the support they need.
When facing a criminal charge caused by mental health challenges, time is of the essence. Contact Simmrin Law Group today for a confidential consultation, and let us put our knowledge and resources to work.
Call or text (310) 896-2723 or complete a Free Case Evaluation form