Were you arrested or charged with a crime in the middle of a mental health crisis? Cognitive illnesses can affect how someone thinks, feels, and reacts. In turn, these circumstances sometimes cause you to engage in behavior that is misunderstood by law enforcement.
As a result, you could be facing serious legal consequences following your encounter with the police. The criminal justice system is confusing enough as it is, but it often becomes even more perplexing when mental health is involved. However, you don’t have to try to clear this hurdle alone.
Let a Westminster mental health lawyer help you instead. At Simmrin Law Group, our attorneys have decades of legal experience representing thousands of people in situations just like yours. You can trust us to advocate for you as your mental health lawyer.
Mental Health Diversion Under Penal Code § 1001.36
California law allows eligible individuals to enter a pretrial mental health diversion program under Penal Code § 1001.36.
This program is available in Orange County, and it is intended to treat individuals with qualifying mental health disorders in a therapeutic setting instead of pursuing traditional prosecution.
To qualify, the court must find that the following points are true:
- The individual suffers from a mental health disorder listed in the DSM-5.
- The disorder played a significant role in the alleged offense.
- The defendant’s condition responds well to treatment.
- The defendant consents to treatment and waives the right to a speedy trial.
- The treatment program will be effective in addressing the individual’s needs.
- The individual is not considered an unreasonable risk to public safety.
Charges are put on hold while someone is taking part in the program, which may last up to two years. If the person completes the program successfully, the charges are dismissed. Failure to comply may mean your criminal proceedings will move forward and pick up where they left off.
Orange County offers access to mental health diversion programs through its Collaborative Courts division. Westminster residents who qualify may receive treatment through local clinics or county-supported facilities, like the Orange County Health Care Agency (HCA).
For a free legal consultation with a mental health lawyer serving Westminster, call (310) 896-2723
The Not Guilty by Reason of Insanity Defense
The insanity defense is an available legal strategy, though it can be challenging to implement successfully under California law. A defendant may be found not guilty by reason of insanity (NGRI) if, at the time of the offense, these two points were true:
- They were unable to understand the nature of their act
- They could not distinguish right from wrong due to mental illness
However, it’s important to note that an NGRI verdict does not result in freedom. Instead, the person facing criminal charges will typically be committed to a state mental hospital for treatment. Release requires professional evaluations and approval from the court.
Your mental health attorney in Westminster may either introduce or emphasize your mental health condition at the time of the offense you’re being charged with as part of your defense.
Westminster Mental Health Lawyer Near Me (310) 896-2723
Mental Illness as a Mitigating Factor at Sentencing
Mental illness can be presented during the sentencing phase of a criminal case. California Rules of Court, Rule 4.423, allows judges to consider a defendant’s psychological state as a mitigating factor.
If mental illness contributed to the offense—and especially if the defendant is actively pursuing treatment—judges may opt for probation, community service, or other alternatives instead of sentencing them to incarceration.
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Civil Commitments and Psychiatric Holds in Westminster
Not all mental health-related legal issues stem from criminal behavior. Civil commitments are also a major area of mental health law in California. The Lanterman-Petris-Short (LPS) Act governs involuntary holds, treatment, and conservatorships for individuals experiencing severe psychiatric crises.
While your mental health lawyers in Westminster will likely explain these potential outcomes to you, let’s take a general look at 5150 holds, 5250 holds, and LPS conservatorships.
5150 Hold: 72-Hour Involuntary Hold
A 5150 hold refers to a situation where someone is detained against their will for up to 72 hours because they are deemed a danger to themselves or to others. It can also be implemented in scenarios where someone is gravely disabled due to their mental illness.
This hold is authorized under Welfare and Institutions Code § 5150, and it is frequently used in emergency psychiatric situations. In Westminster and the rest of Orange County, 5150 holds are typically initiated by police officers, social workers, or designated mental health professionals.
5250 Hold: 14-Day Certification
The 5250 hold extends involuntary psychiatric care beyond the initial 72 hours imposed by 5150 holds. To implement a 14-day hold, the facility must conduct a certification review hearing within four days of filing. The patient has the right to be represented by a patient rights advocate.
In Orange County, these hearings are often conducted on-site at the treatment facility, with oversight from the county’s Behavioral Health Services division. If the 5250 is upheld, the individual may be confined for up to 14 additional days.
LPS Conservatorships in Orange County
An LPS conservatorship is a legal process through which a person with a serious mental health disorder can be placed under the care of a conservator who makes medical and financial decisions on their behalf.
Conservatorships are reserved for individuals who are gravely disabled and unable to provide for their own basic needs. The Public Guardian’s Office in Orange County manages many of these conservatorships, although family members can also serve as conservators.
The process starts with a petition, usually initiated by a psychiatrist or social worker at a treating facility, and must be approved by a judge following a court hearing. Conservatorships are limited to one year, though they can be renewed in certain cases.
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Call Our Mental Health Law Firm in Westminster to Learn More About What We Can Do For You
If you or someone you care about is dealing with criminal charges while simultaneously managing a mental health disorder, you know that this can be quite a difficult experience to endure. Fortunately, you don’t have to go through it all by yourself.
Instead, reach out to Simmrin Law Group today to speak with our mental health attorneys in Westminster. Our lawyers have the experience it takes to successfully handle sensitive cases like yours, and we’re here to make sure your rights are protected every step of the way.
You deserve support, and our Westminster mental health lawyers know what you’re going through. Don’t wait to get the help you need. Contact us as soon as possible so we can start working with you and building a strong defense based on your specific circumstances.
Call or text (310) 896-2723 or complete a Free Case Evaluation form