Were you or a loved one charged with a crime while experiencing a mental health crisis? These conditions can complicate how people perceive reality, make decisions, and respond to their environment, especially when law enforcement or the justice system gets involved.
Facing criminal charges while dealing with a psychological or psychiatric issue can be very stressful, but you’re not alone in this—let a Santa Monica mental health lawyer represent your interests.
You deserve a defense that takes your mental health seriously and protects your rights every step of the way. At Simmrin Law Group, our mental health lawyers have decades of legal experience, and we’ve helped thousands of people in your position. We’re here for you.
Mental Health and Criminal Proceedings in California
In California, mental illness can affect criminal cases in terms of competency to stand trial, the insanity defense, diversion programs, and sentencing. Each of these areas has its own set of legal criteria and procedures.
Competency to Stand Trial
Under California Penal Code § 1367, a defendant is considered incompetent to stand trial if they are unable to understand the nature of the criminal proceedings or to assist their counsel in a rational manner due to a mental disorder or developmental disability.
Competency is not about whether a person has a mental illness. Instead, it focuses on whether the person’s condition impairs their current ability to participate in the legal process. If the court suspects a competency issue, criminal proceedings will likely be suspended.
From there, the defendant will be evaluated by mental health professionals. After that point, the court will hold a hearing to determine competency. If the defendant is found incompetent, they might be referred to a mental health facility for treatment in an effort to restore competency so the case can proceed.
The Insanity Defense
California recognizes the insanity defense under the M’Naghten Rule, codified in Penal Code § 25(b). A person is considered legally insane if, at the time of committing the crime, one of these two circumstances was true:
- They were incapable of knowing the nature of the act.
- They could not understand that the act was morally or legally wrong.
It must be proven that they were in this state of mind due to a mental disease or defect. This is a high bar to meet, and your Santa Monica mental health attorneys will have to show that this was true with a preponderance of the evidence, usually through expert psychiatric testimony.
If a defendant is found not guilty by reason of insanity (NGRI), they are typically committed to a state mental hospital rather than released back to society. These commitments can last longer than a typical prison sentence, though it all depends on the offense and treatment progress.
Mental Health Diversion Programs
In an effort to reduce incarceration rates while simultaneously addressing the underlying causes of criminal behavior, California offers mental health diversion programs. Penal Code § 1001.36 allows for pretrial diversion for individuals who have qualifying mental health disorders.
To be eligible, the court must find that the following are true:
- The defendant suffers from a recognized mental disorder.
- The disorder played a significant role in the commission of the offense.
- The defendant agrees to treatment.
- The defendant poses no unreasonable risk to public safety.
- The defendant’s mental health symptoms will respond to treatment.
Diversion can result in a dismissal of charges upon successful completion of the treatment plan, which typically lasts for up to two years. However, the court will closely monitor progress and compliance. It also requires regular updates from treatment providers and probation officers.
However, it’s important to note that not all charges qualify for diversion, particularly those involving serious or violent felonies. At the same time, for many misdemeanors and non-violent felonies, this path offers rehabilitation rather than punishment for those with mental illnesses.
For a free legal consultation with a mental health lawyer serving Santa Monica, call (310) 896-2723
The Role of Mental Illness in Sentencing
Mental health can also play a role during sentencing. Under California Rules of Court, a defendant’s mental condition can be considered a mitigating factor. In response, courts might impose lighter sentences or probation instead of prison time.
This is possible if it can be shown that the defendant’s mental health issue substantially contributed to the offense. Additionally, mental health treatment is often a sentencing alternative in certain cases.
Under this pilot program, people who would otherwise be incarcerated may be referred to secure mental health treatment facilities as a form of confinement and rehabilitation. Your Santa Monica mental health attorneys will look into this as an option in your case.
Santa Monica Mental Health Lawyer Near Me (310) 896-2723
Civil Commitments and Conservatorships in Santa Monica
Outside of criminal charges, mental health law in California also includes civil processes for people who are gravely disabled or present a danger to themselves and others. These civil processes are largely governed by the Lanterman-Petris-Short (LPS) Act.
5150 and 5250 Holds
People might be involuntarily detained for up to 72 hours. During this time, they will likely undergo psychiatric evaluations and receive treatments if they are deemed to be a danger to themselves, a danger to others, or gravely disabled due to a mental health disorder.
This initial 72-hour period is part of the 5150 hold, though the court may seek a 5250 hold to impose an additional 14-day extension. This requires a certification hearing, at which point the individual may be represented by a public defender or advocate.
LPS Conservatorship
For people who experience chronic and severe mental illness, an LPS conservatorship may be appropriate. An LPS conservatorship allows a conservator to make legal, financial, and medical decisions for adults who are gravely disabled due to mental illnesses.
Grave disability means the individual is unable to provide for their own basic personal needs, including food, clothing, and shelter. LPS conservatorships are time-limited to one year, but they can be renewed in certain situations.
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Contact Our Mental Health Law Firm in Santa Monica for Legal Representation and Advocacy for Your Case
If you or a loved one is facing criminal charges in connection with a mental health condition, you may be feeling confused, scared, and unsure of what comes next. But the good news is that you don’t have to figure it all out by yourself.
Instead, reach out to the Santa Monica mental health attorneys at Simmrin Law Group. Our lawyers understand how to approach these cases with compassion, and we can apply our years of experience to your circumstances.
You deserve a defense that takes your condition into consideration, and we’re ready to help you pursue a favorable outcome in your case. Don’t wait to take the next step. Contact our Santa Monica mental health law firm so we can start working toward the solution you deserve.
Call or text (310) 896-2723 or complete a Free Case Evaluation form