How an Orange County Criminal Defense Attorney Can Help Defendants with Mental Illnesses

Laura’s Law is one of a number of options for defendants with mental health issues.

How an Orange County Criminal Defense Attorney Can Help Defendants with Mental Illnesses

It is an unfortunate reality of our criminal justice system that many people with mental illnesses are charged with crimes. There is often a “revolving door” between the jails and psychiatric hospitals in Orange County, with family members often frustrated at the lack of assistance offered to their loved ones.

However, there are options available for defendants in California criminal cases who suffer from mental illnesses, each of which can be explored with an experienced Orange County criminal defense attorney. One of these is known as Laura’s Law, which was enacted in 2002. This law was named after Laura Wilcox, a volunteer at a mental health clinic who was fatally shot by a man with mental illness after resisting attempts by both his family and mental health professionals to have him hospitalized and treated. He shot Laura and two other people at the clinic.

According to an Orange County criminal defense attorney, Laura’s Law allows a court to order certain defendants charged with California crimes to obtain assisted outpatient mental health treatment. This law is intended for adults with serious mental illnesses who have previously been treated in a mental health unit or a correctional facility, or who have a history of one or more acts of violence towards themselves or others. Under this law, the county mental health department can file a petition to the court requesting that an individual be ordered to treatment. A request to the mental health department can be made by that individual’s parent, sibling, spouse, or by a person who resides with him or her. It may also be made by treatment centers, hospitals, or other agencies who are providing care to the individual, or by a peace, parole or probation officer. The court must carefully consider a number of criteria before ordering an individual to treatment.

This statute is intended to help people with serious mental illness get the treatment they need. It can also reduce the seemingly endless cycle of a mentally ill adult traveling between psychiatric care and the criminal justice system. For parents, siblings, spouses and other loved ones of adults with mental illnesses, working with an experienced Orange County criminal defense attorney to request the implementation of Laura’s Law can provide relief and help their relative get help.

Unlike psychiatric holds, Laura’s Law does not involve commitment to a mental health facility. Instead, it is an order for outpatient mental health treatment. It also requires sustained and intensive treatment until a mental health professional declares that an individual is well enough to maintain treatment on their own. This is in contrast to psychiatric holds, which allow for the release of patients when they start to show improvement.

Laura’s Law is just one of several alternatives to incarceration that are available in California. While only some defendants in California criminal cases meet the criteria for this program, it may be tremendously helpful, particularly for those individuals who lack insight into their condition.

At the Chambers Law Firm, we understand that there are a number of reasons why people may become involved with the criminal justice system. We work with our clients to help them achieve a solution that make sense for their situation, which may involve treatment for drug and alcohol addiction or for mental illness. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled Orange County criminal defense attorney today.

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