Is someone you love facing criminal charges in Santa Ana while also struggling with a mental health disorder? The legal system can be especially difficult to figure out and go through when mental illness plays a role in the situation.
When mental health is a factor, the consequences go beyond the courtroom. These cases require a thoughtful, informed approach that accounts for treatment, competency, and long-term well-being. Let a Santa Ana criminal defense lawyer help you.
You don’t have to manage this on your own. Our Santa Ana mental health lawyers can represent you and advocate for you. At Simmrin Law Group, we have decades of legal experience, and we can offer solutions when mental health intersects with the justice system.
Competency to Stand Trial in California
Under California Penal Code § 1367, a defendant is considered incompetent to stand trial if, as a result of a mental disorder or developmental disability, they are unable to understand the nature of the criminal proceedings or assist counsel in a rational manner.
If competency is questioned, the court may suspend criminal proceedings and order a mental health evaluation. Should the defendant be found incompetent, the case will likely be paused while the individual undergoes treatment.
This can take place in either a state hospital or another approved facility. Either way, they will likely remain in the treatment location until their competency is restored. The maximum period for competency restoration generally depends on the seriousness of the original charge.
For a free legal consultation with a mental health lawyer serving Santa Ana, call (310) 896-2723
Mental Health Courts in Orange County
Santa Ana is home to the Central Justice Center. This is where Orange County operates several collaborative courts, including a Mental Health Court. These specialized dockets handle cases involving individuals diagnosed with serious and persistent mental illnesses.
Mental Health Court emphasizes rehabilitation, not incarceration. Participants typically undergo regular court appearances, case management, psychiatric treatment, and community supervision.
Failure to follow the treatment plan can result in sanctions or the defendant’s return to traditional prosecution. Meanwhile, successful participants may avoid jail or prison and have their cases either reduced or dismissed. A mental health lawyer in Santa Ana knows the Orange County courts and can guide you through them with confidence.
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Not Guilty by Reason of Insanity (NGRI)
California recognizes the insanity defense under Penal Code § 1026. This means that a person is legally insane if, at the time of committing the crime, they were unable to understand the nature of their act or distinguish right from wrong due to a mental disease or defect.
If a defendant is found not guilty by reason of insanity, they will not be sent to prison. Instead, they will likely be committed to a state mental hospital or some other secure treatment facility. They can only be released once they no longer pose a danger to themselves or others.
NGRI outcomes are often long-term commitments that can last as long as or longer than a prison sentence, but the primary goal is treatment and public safety.
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Conservatorships and Lanterman-Petris-Short (LPS) Act
The Lanterman-Petris-Short (LPS) Act governs involuntary civil commitment for individuals with serious mental health conditions who may be a danger to themselves or others or are gravely disabled due to their mental illness.
A conservatorship may be established when short-term psychiatric holds are insufficient. There are two main types of LPS conservatorships, and each lasts a certain amount of time, though both can be renewed as well:
- Temporary conservatorships: Typically last up to 30 days while the court investigates the situation
- Permanent or general conservatorships: Can last up to one year
Conservatorships grant a court-appointed conservator authority to make decisions about the individual’s housing, treatment, and finances. These proceedings are handled in probate court, and they often involve input from mental health professionals.
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Penal Code § 1370 Commitments
If a defendant is declared incompetent to stand trial and cannot be restored to competency within a reasonable period, they may be committed under Penal Code § 1370. This provision governs treatment and housing in a secure mental health facility.
The primary goal of a 1370 commitment is to help the defendant regain competence so they can face trial. If this fails over time, the court may consider civil commitment options or dismiss charges if treatment is no longer feasible and public safety is not at risk.
Reach Out to Our Mental Health Attorneys in Santa Ana for More Information About How We Can Help You Today
If mental illness is affecting your criminal case—or that of someone close to you—it’s important to take action with care and urgency. Santa Ana’s legal system offers several alternatives and protections, but they can be difficult to access without experienced guidance.
That’s why we encourage you to contact Simmrin Law Group today. Our Santa Ana mental health attorneys have helped thousands of clients, and we understand how the courts handle psychiatric conditions while balancing criminal responsibility. Reach out now to begin the conversation.
We’ll help you pursue treatment-based solutions, identify legal protections, and identify an appropriate path forward based on the details of your case. The sooner we get started, the sooner we can help guide you toward the resolution and support you deserve.
Call or text (310) 896-2723 or complete a Free Case Evaluation form