Most felony and misdemeanor offenses are eligible for mental health diversion, which may surprise some individuals. Yes, even offenses using so-called strike enhancements are included. Criminal defendants with recognized mental illnesses (e.g., depression, PTSD, anxiety, etc.) may have their criminal charges dropped if they successfully complete their mental health treatment.
A criminal defendant might apply for diversion and receive an ultimate dismissal after completing their prescribed therapy and treatment plan. In certain situations, the court has the authority to extend their case for up to two years in order to ensure that they get and finish their treatment. Keep reading to learn more and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
The steps involved in the process
The first stage is for your lawyer to ask the court for a mental health expert (psychiatrist or psychologist) to assess you. If the court approves your motion, a mental health expert must determine that you have a diagnosable mental illness and that it was a substantial role in the criminal accusations against you.
As part of the evaluation, the mental health expert will visit with the accused and study the police reports as well as any other available information. The mental health expert then writes a report in which he or she suggests a treatment plan and submits it to the court for consideration.
Your lawyer will next present evidence to the court in an attempt to persuade the judge to allow you to participate in the mental health diversion program. If the court agrees, you will be enrolled in a mental health diversion program, and your case will be scheduled for numerous progress hearings until it is decided that you no longer require treatment. Your lawsuit will be dismissed at that moment.
It is rarely that simple
However, you should be aware that the prosecution will nearly always object to the court allowing you to enter a mental health treatment program. Most of the time, the District Attorney will want you to plead guilty to a felony charge and go to prison. This is why it is critical to hire an experienced criminal defense lawyer.
Call now for help in your case
If you have been charged with a crime and you believe that the crime was partially committed due to your mental health issues, contact Chambers Law Firm at 714-760-4088 to learn how we can help.
